- (1.) ALL India Vijaya Bank Officers' Association and the Officer Employees of the vijaya Bank have filed these petitions seeking to quash the departmental enquiry initiated against them and to permit them to be defended by Sri Ranjan Shetty, Manager, Vijaya Bank, devarayasamudra Branch or any other officer mentioned in their representation or by an advocate in the enquiry being held against them and to grant all consequential benefits.
(2.) THE facts are same or similar in all these petitions. At the time of arguments learned counsel for the petitioners referred to me W. P. Nos. 40855 and 40856 of 2003 for the purpose of consideration of the case.
(3.) ACCORDING to petition averments the first petitioner-association is a recognised trade union of officer employees working in the bank. At the industry level it is affiliated to All india Bank Officers' Confederation. The service conditions of the employees are negotiated and settled between the Bank management represented by the Indian Banks' association and Bank Officers represented by the All India Bank Officers' Confederation. Insofar as disciplinary actions against officer employees are concerned, they are governed by the statutory regulations called Vijaya Bank officer Employees' (Discipline and Appeal)Regulations, 1981. The other petitioners are the members of the first petitioner. Certain disciplinary proceedings were initiated against the petitioners by way of charge-sheet, petitioners denied the charges. An enquiry was ordered to be conducted. According to petition averments Regulation 6 (7) of the Regulations entitles an officer employee facing disciplinary proceedings to be defended by any other officer employee of the Bank subject only to the condition that such officer whose assistance is sought to be taken shall not have more than two pending disciplinary cases on hand. Petitioners also refer to a circular dated December 20, 2002 which lays down the procedure for availing the defence assistance. Petitioners submitted their representation for defence assistance by Branch Heads. The second respondent declined their request. A further representation was made. The same was rejected by a subsequent endorsement. Another representation was made seeking to reconsider. The said representation was also rejected. A joint meeting was held on July 12, 2003 and on july 13, 2003, the central committee of the first petitioner-association met at Bangalore and resolved that the management should withdraw the present restrictions to the effect that Branch managers cannot defend officers in the disciplinary inquiries as it is contrary to the regulations and as it results in negation of statutory rights. Bank rejected the request of the union.;