Karnataka High Court
G.V.Aswathanarayana - Appellant
Versus
Central Bank of India, by Chairman, bombay - Respondent
Decided On : 05-28-03
W.A. : 823 of 1998
CENTRAL BANK OFFICER EMPLOYEES CONDUCT REGULATIONS, 1976 - Regulation 24 -r/w 3(1), 4, 6(5)(iii), 17 -Domestic enquiry -delinquent sanctioning loans to 21 persons contrary to the prescribed procedure -charge memo issued -no list of documents enclosed -enquiry conducted -penalty of reduction in pay by five stages imposed -vague charges levelled -omni bus allegations made in one sentence regarding 21 loans -documents relied upon -request made -not furnished -non-supply -not causing prejudice to the delinquent -burden to prove -rests on the disciplinary authority -marked in the proceedings without consent of the delinquent -immediately called him to cross -examine the witnesses with reference to the documents -not sustainable -assistance of legal practitioner -denied -charges and imputations levelled -did not involve complexity -no need of -application of mind on the part of disciplinary authority and Appellate Authority -delinquent submitting a written brief -several contentions raised -disposed of in a cryptic manner -contentions in memorandum of appeal -based on factual matrix -summarily disposed of -no reasons recorded -hence, conduct of domestic enquiry against the appellant is not only in violation of Regulations but also in utter violation of principles of natural justice and fair play.
[S. R. Nayak & K. Ramanna, JJ.] - It is now well settled that where an authority makes an order in exercise of quasi judicial function or an order which has the effect of affecting civil rights of a person and which action is liable to be reviewed by Constitutional Courts as provided under the Constitution, it must record its reasons in support of the order it makes. In SIEMENS ENG. AND MFG. CO. OF INDIA LIMITED V. UNION OF INDIA, AIR 1976 SC 1785, the Supreme Court held that the rule requiring reasons in support of an order is, like the principle of audi alteram partem, a basic principle of natural justice which must inform every quasi-judicial process and this rule must be observed in its proper spirit and mere pretence of compliance with it would not satisfy the requirements of law. Therefore, a reasoned order is always a desirable condition of judicial disposal or a disposal which is required to be done judiciously.
Cases Referred:
AIR 1967 SC 1182; (1995) 1 SCC 332; AIR 1971 SC 752; AIR 1964 SC 708; AIR 1964 SC 719; AIR 1961 SC 1623; AIR 1986 SC 2118; AIR 1976 SC 1785; AIR 1974 SC 87; AIR 1973 SC 2758; AIR 1978 SC 597.
( 1 ) A learned Single Judge of this Court has refused to interfere with the disciplinary action taken by the Management of the Central bank of India against the appellant in imposing the penalty of reduction in pay by 5 (five) stages in the present time scale with cumulative effect. Hence the delinquent officer is before us by way of this Writ Appeal.
( 2 ) THE facts of the case in brief are the appellant while working as a Branch Manager at Jangamakote Branch, Central Bank of India was served with a charge memo dated 7th /9th August 1992 alleging that the appellant misued his official position by sanctioning loans totalling to Rs. 1,05,000/- to 21 persons contrary to the prescribed procedure, thereby committing gross misconduct within the meaning of Regulation 3 (1) read with Regulation 24 of Central Bank of India officer, Employee s Conduct Regulations 1976, (for short, the conduct Regulation ) attracting penalty specified under Regulation 4 of Conduct Regulations. The appellant was asked to furnish his explanation, if any, to the charge memo within 15 days of the receipt of the charge memo. According to the appellant officer certain documents sought by him were not furnished to him and, therefore, he could not file his effective written statement of defence.
( 3 ) THE Chief Manager and disciplinary authority, Divisional Officer, bangalore, vide his order No. Personnel Do. PRS: 83: 805 dated 16th March 1983 appointed Sri R. Laxman Rao, Chief Officer (RD) as Enquiry Officer and U. S. Hegde,inspector of Police, Central bureau of Investigation, Bangalore as the Presenting Officer to enquiry into the charges. The enquiry officer on completion of the enquiry proceedings submitted his report dated 9. 9. 1982 together with the records of the enquiry proceedings and other documents to the disciplinary authority. The enquiry officer held that imputations 1 and 2 are partly proved, imputations 3 and 4 are not proved and imputation 5 is fully proved. The disciplinary authority after considering the report of the enquiry officer and records of the enquiry proceeding and after concurring with the findings of the enquiry officer, passed an order dated 8. 11. 1994 in terms of Regulation 4 of the Conduct Regulations imposing the penalty of reduction in pay by 5 (five) stages in the present time scale with cumulative effect. The appellant being aggrieved by the said disciplinary action taken by the disciplinary authority preferred an appeal to the appellate authority as provided under the Conduct Regulations. The appellate authority by its order dated 25. 7. 1985 dismissed the appeal.
( 4 ) THE appellant being aggrieved by the orders of the disciplinary authority and the appellate authority preferred Writ Petition No. 2575 of 1987 in this Court. Before the learned Single Judge, on behalf of the appellant, it was contended (I) that the charges are vague which prevented the delinquent officer to effectively reply to the allegations made in the charge memo; (II) that relevant documents though sought for, not furnished to the delinquent which prevented the delinquent to file his written statement of defence; (III) that assistance of legal practitioner to defend in the enquiry proceedings though asked for was refused; (IV) that evidence in support of the delinquent was ignored by the inquiry officer and, therefore, the findings are perverse and (V) that the disciplinary authority as well as the appellate authority did not apply their mind before passing the impugned orders and the orders passed by them are not speaking orders. The learned single Judge without finding merit in any of the contentions advanced on behalf of the appellant dismissed the Writ Petition by a judgment and order dated 19th December, 1997 impugned in this writ appeal.
( 5 ) THE appellant joined services of the Bank after the disciplinary authority passed the order on 8. 11. 1994. The appellant, however, could work only for a period of about five months, ie. , fr
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