RAKESH TIWARI, J. - (1.) HEARD Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed praying following reliefs: (1) Issue a writ, order or direction in the nature of writ of prohibition restraining the respondents from proceeding with the disciplinary proceedings against the petitioner in pursuance of Memorandum dated 28.7.1992 and 20.8.1992, initiated by the respondent Nos. 2 and 4 and pending before the respondent No. 3. (2) Issue a writ, order or direction in the nature of certiorari quashing the entire disciplinary proceedings held so far against the petitioner by respondent No. 3 at the instance of respondent Nos. 2 and 4. (3) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of case." The case of the petitioner is that the Central Bank of India is one of the Nationalized Banks and is "State" within Article 12 of the Constitution of India. The petitioner joined as Clerk in the Central Bank of India with effect from 27.12.1978. In December, 1991, he was posted as Clerk at Kaimganj Branch, Central Bank of India, Farrukhabad. Respondent No. 4 Regional Manager acting as Disciplinary Authority issued a charge -sheet dated 10.7.1992, against the petitioner. He also issued memorandum dated 28.7.1992 and 20.8.1992, that the Regional Manager, Etawah was functioning as Disciplinary Authority and one Sri G.D.V. Sadhwani, Branch Manager, Fatehgarh has been appointed as Enquiry Officer. The respondent No. 4 vide order dated 19.12.91, suspended the petitioner in contemplation of an enquiry. On 8.10.92, enquiry proceedings were held at Kaimganj against the petitioner. During the said proceedings the defence representative on behalf of the petitioner raised the following preliminary objections: (a) That Sri R.K. Agarwal who is Regional Manager of Etawah Region is not entitled in law to act as the Disciplinary Authority against the petitioner. (b) That the appointment of Sri G.D.V. Sadhwani, (Branch Manager, Fatehgarh Branch) as Enquiry Officer against the petitioner is arbitrary and illegal inasmuch as Shri R.K. Agarwal, Regional Manager had no legal authority to act as Disciplinary Authority and consequently to appoint any Enquiry Officer.
(3.) THIS writ petition has been filed on the ground that the Regional Manager of Etawah region is not entitled in law to act as the Disciplinary Authority against the petitioner and the appointment of Sri G.D. Sadhwani, Branch Manager, Fatehgarh Branch as Enquiry Officer against the petitioner is arbitrary and illegal inasmuch as Sri R.K. Agarwal, Regional Manager had no legal authority to act as Disciplinary Authority or appoint any Enquiry Officer.;