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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
A. M. Kulshrestha – Appellant
Versus
Union Bank of India – Respondent
JUDGMENT :
ABHAY S. OKA, J.
Leave granted.
1. This appeal is directed against the judgment and order dated 20th September, 2019 passed by the Division Bench of the High Court of Allahabad affirming the order of the Learned Single Judge dated 26th July, 2019, whereby the Writ Petition preferred by the appellant seeking quashing of the charge sheet served on him pursuant to disciplinary proceedings was dismissed.
FACTUAL ASPECTS
2. The appellant was an employee of the Union Bank of India (hereinafter referred to as “The Respondent Bank”), where he served for approximately 34 years from 1984 to 2018. He was promoted to the post of Deputy General Manager in 2016 and was due to retire on 30th June, 2019.
3. The Respondent Bank vide order dated 21st August, 2018, suspended the appellant pending further disciplinary action, alleging that the appellant, in his prior role as the Regional Head, Meerut, had adopted a very casual approach while sanctioning credit proposals in 16 accounts submitted by Mid-corporate Ghaziabad Branch. It was alleged that he sanctioned huge limits to newly incorporated firms without ensuring proper due diligence by the branch or processing officers. On 18th January, 201
Disciplinary Proceedings - In cases where Respondent Bank deems that consultation is necessary due to case having a vigilance angle, Respondent Bank is required to seek advice of CVC.
Order of removal or dismissal from service can be passed only when an employee is in service – If a person is not in employment, question of terminating his service ordinarily would not arise unless ....
The disciplinary authority must independently assess penalties without undue influence from external advice, ensuring adherence to principles of natural justice.
Disciplinary proceedings against a bank officer must be initiated with a formal charge-sheet before superannuation; otherwise, they are deemed illegal.
The CVC's advice is not binding on the disciplinary authority, and no decision had been made to issue a chargesheet to the petitioner at the time of filing the petition.
The advice of the Central Vigilance Commission is not binding on disciplinary authorities, and premature interventions in disciplinary processes without a charge-sheet lack a valid cause of action.
As per Section 8 (1) (h) of the Central Vigilance Commission Act, 2003 exercise superintendence over the vigilance administration of the various Ministries of the Central Government or corporations e....
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