The petitioner, a compulsorily retired Assistant

General Manager of respondent-Bank is before this Court

under Article 226 of the Constitution of India questioning

the correctness and legality of Disciplinary Authority’s

order bearing No.16/PD.IRD/DA-6 dated 20.01.2001

[Annexure-R]

imposing

punishment

of

compulsory

retirement;

Appellate

Authority

order

bearing

No.147/PD:IRD:DA:7 dated 25.07.2001 and for grant of

all consequential benefits including arrears of salary,

promotion as Deputy General Manager from the date

respondent No.2 was promoted and other service benefits.

2.

Brief facts of the case are that, the petitioner

joined respondent-Bank as Clerk on 09.01.1965. From

time to time, the petitioner was promoted and in May,

1998, the petitioner was promoted as Assistant General

Manager. On 19.07.2000, charge sheet under Regulation-

6 of Syndicate Bank Officer Employees (Discipline and

4

Appeal) Regulations, 1996 [for short “1996 Regulations”]

was

issued

to

the

petitioner

alleging

lapses

and

irregularities in sanction and disbursal of loan of 3

accounts mentioned in the Articles of Charge. The

petitioner

by

letter

dated

25.07.2000,

requested

permission to peruse the related files, documents and

records relating to the Articles of Charge so as to enable

her to submit reply to the Charge Memo. The respondent-

Bank under reply dated 26.07.2000, intimated the

petitioner that the documents connected in the case would

be provided at the appropriate stage in terms of 1996

Regulations. Thereafter, the petitioner submitted her reply

on 03.08.2000. Not being satisfied with the reply of the

petitioner, on 10.08.2000 the respondent-Bank appointed

second respondent as Enquiry Officer to conduct enquiry

against the petitioner. The second respondent-Enquiry

Officer commenced enquiry proceedings on 09.09.2000.

The Enquiry Officer submitted enquiry report dated

07.12.2000. The Disciplinary Authority issued second

5

show-cause notice dated 08.01.2001 enclosing a copy of

the enquiry report calling upon the petitioner to submit

reply, if any, to the enquiry report. The petitioner

submitted her reply to the second show-cause notice on

16.01.2001. The Disciplinary Authority passed impugned

order

of

punishment

dated

20.01.2001

imposing

punishment of compulsory retirement from service.

Aggrieved by the order of punishment, as provided under

1996 Regulations, the petitioner preferred appeal dated

05.03.2001. The Appellate Authority by order dated

25.07.2001 confirmed the order of punishment of

compulsory retirement imposed by the Disciplinary

Authority.

3.

The petitioner aggrieved by the orders of the

Disciplinary Authority as well as Appellate Authority, is

before this Court in the above noted writ petition.

4.

This Court, by order dated 05.01.2009, allowed

the writ petition mainly holding that prejudice is caused to

6

the petitioner by non-supply of the investigation report

submitted by MW1 and granted 50% of arrears of salary

and other service benefits flowing from setting aside of the

impugned

orders.

The

respondent-Bank

preferred

W.A.No.370/2009 against the order of the learned Single

Judge. The Division Bench by judgment dated 02.01.2015

set aside the order of the learned Single Judge and

remanded the matter for re-consideration.

5.

Heard

learned

Senior

counsel

Sri.P.S.Rajagopal, for Ms.Ashwini Rajagopal for petitioner

and learned counsel Sri.Syed Kashif Ali for M/s.

Sundarswamy Ramdas and Anand, for respondent Nos.1

and 2. Perused the writ petition papers.

6.

The learned Senior counsel would submit that

charge sheet would contain two charges and allegations

are lapses and irregularities in sanction and disbursal of

loans to three units and he submits that there is no

allegation

of

dishonesty

or

lack

of

integrity

or

7

misappropriation. The Charge is one of negligence and

would not attract capital punishment of compulsory

retirement. Learned Senior counsel would further submit

that charge sheet does not contain list of witnesses and

list of do