S.H.A. Raza and R.K. Agrawal, JJ. - (1.) The aforesaid writ petitions are directed against the orders of suspension passed against the petitioners. The charge-sheets have been issued against the petitioners. It was contended on behalf of the opposite parties that all the relevant documents which were related to the charges, have been submitted before the enquiry officer by the presenting officer after serving the copies on the petitioners. From the very beginning the petitioners have been raising objections against the appointments of Chairman, Disciplinary Authority, Enquiry Officer and Presenting Officer, which were rejected by the Enquiry Officer. The petitioners also raised objections against the charge-sheets, list of documents and list of witnesses etc. submitted by the Presenting Officer during the course of enquiry proceedings with the intention to prolong the enquiry proceedings. The enquiry proceedings, since 30-12-1991 till 12-10-1992 had 24 sittings but the petitioners are creating impediment in the way of the Enquiry Officer to conclude the enquiry. Thus the petitioners themselves are responsible for delay in enquiry proceedings. It was also averred that the guidelines issued by the NABARD regarding procedure to be adopted for disciplinary proceedings in the Rural Banks are being followed by the opposite parties in all the disciplinary actions including the case of the petitioners.
(2.) The suspension orders have been assailed on the grounds which are common in writ petition ; Firstly that Sri P.N. Ugra, Acting Chairman and disciplinary authority was not competent to act as such, firstly, on the ground this Sri P.N. Ugra, cannot act as Chairman, within the meaning of the term "Chairman" as defined under Section 2 (b) of the Rural Banks Acts, 1976. Secondly, that the action of the opposite parties by suspending the petitioners suffers from malice and colourable exercise of power, thirdly, that the charge-sheets issued to the petitioners do not contain the material evidence upon which the imputation of the charges were based and lastly, that the guidelines Issued by the NABARD were not followed in the matter pertaining to the preliminary investigation.
(3.) As far as the first ground is concerned, the reliance was placed upon Section 11 of the Regional Rural Bank Act, 1976, which provides that in the event of an individual, belonging to the service of sponsor Bank being appointed as Chairman of a Regional Rural Bank, the following conditions must be satisfied : (a) There should be an appointment order having been issued by the sponsor bank. (b) The appointment letter should be issued after consultation with the National Bank i. e. NABARD.;