Justification of the action of Disciplinary authority in proceeding with the disciplinary proceedings.

K. A. SWAMI C.J.

In this petition under Art. 226 of the Constitution, the petitioner has sought for quashing the show cause notices dated September 12, 1994, bearing No. MDUC SSO 10697/F7 VM and No. MDUC SSO 10694/F7 VM issued by the Deputy General Manager of Canara Bank, to the petitioner. The show cause notices read as follows : REF : MDUC SSO 10697/F7 VM Sub : Criminal Case No. 3/86 before the 1 Additional Sessions Court, Madurai. We note that you have been convicted by the Court for the offences under Indian Penal Code and Prevention of Corruption Act. The details of sentence passed by the Court are furnished as under : Section 120-B of IPC

One year Rigorous imprisonment (RI)

Section 420 IPC (69 counts)

Three years rigorous imprisonment and Rs. 1000/- fine for each count (69 x 1000 = 69, 000/-) in default to undergo one year RI.

Section 477A of IPC (11 counts)

Three years rigorous imprisonment and Rs. 1, 000/- fine for each count (11 x 1000 = 11, 000/-) in default to undergo one year RI.

Section5(2) r/w. Section 5(1)(d) of Prevention of corruption Act (35 counts)

Three years rigorous imprisonment and Rs. 1000/- fine for each count 35 x 1000 = 35, 000/-) in default to undergo one year RI.

In view of your conviction in the above criminal case, I propose to impose the punishment of 'dismissal' in terms of Regulation 11 of the Canara Bank Officer Employees' (Discipline and Appeal) Regulations.

You may submit your representation, if any, on the punishment proposed to be imposed on you as stated above, within 15 days of receipt of this letter failing which the matter will be proceeded with, treating that you have no representation to submit in the matter.

"REF : MDUC SSO 10698/F7 VM Date; September 12, 1994.Sub : Criminal Case No. 4/86 to 6/86 before the I Additional Sessions Court, Madurai.

We note that you have been convicted by the Court for the offences under Indian Penal Code and Prevention of Corruption Act. The details of Sentence passed by the Court are furnished as under :

Section 420 IPC (3 counts)

Three years rigorous imprisonment and Rs. 1, 000/- fine for each count (3 x 1000 = 3, 000/-) in default to undergo one year RI.

Section 477A of IPC (3 counts)

Three years rigorous imprisonment and Rs. 1, 000/- fine for each count (3 x 1000 = 3, 000/-) in default to undergo one year RI.

Section5(2) r/w Section 5(1)(d) of Prevention of Corruption Act (3 counts)

Three years rigorous imprisonment and Rs. 1000/- fine for each count (3 x 1000 = 3, 000/-) in default to undergo one year RI.

In view of your conviction in the above criminal case, I propose to impose the punishment of 'Dismissal' in terms of Regulation of the Canara Bank Officer Employees' (Discipline and Appeal) Regulations.

You may submit, your representations, if any, on the punishment proposed to be imposed on you as stated above, within 15 days of receipt of this letter failing which the matter will be proceeded with, treating that you have no representation to submit in the matter."

2. It is contended that the Deputy General Manager is not the disciplinary authority and, therefore, the show cause notices issued by him are bad, as the same are issued by the incompetent authority.

3. The petitioner is governed by the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 (hereinafter referred to as 'the regulations'). As per the Schedule to the said Regulation, relating to Discipline and Appeal Regulations, General Manager is the Disciplinary Authority in respect of Scale I Officers. It is not disputed before us that the petitioner is a Scale I Officer. That being so, the show cause notices issued by the Deputy General Manager cannot be held to be bad in law because he is the disciplinary authority for Scale I Officers.

4. The petitioner has been convicted by the first Additional Sessions Judge, Madurai in Criminal Case Nos. 3 and 4 to 6 of 1986 for various offences and sentenced to undergo rigorous imprisonment and to pay fine. Aggrieved by the order of co