- (1.) We have heard Shri Ashok Bhalla and Shri J.B. Singh, learned counsel for the petitioner and Sri P.K. Singhal, learned counsel for respondents-bank.
(2.) J. K. Chandna is before this Court with the request to issue suitable writ or direction in the nature of certiorari calling for the record and quashing the entire enquiry and disciplinary proceedings and the impugned order of punishment dated 4.12.2009 passed by respondent no.3 as modified by the order of respondent no.2 dated 22.9.2010. He has further prayed for direction restraining the respondents from withholding or denying the petitioner his due promotion and all other service benefits to him in pursuance of the impugned orders of punishment passed by the respondents concerned.
(3.) Brief background of the case, as is reflected from the record, is that Pradhama Bank (in short, the Bank), which is a Regional Rural Bank, established under the provisions of Regional Rural Banks Act, 1976 (hereinafter referred to Act 1976). The Bank has its 212 branches spread in three districts namely Moradabad, Rampur and Jyotiba Phule Nagar in the State of Uttar Pradesh. The Syndicate Bank is its sponsor bank. The main function of the Bank is to carry out the banking business. The Bank is State within the meaning of Article 12 of Constitution of India and its banking activities including supervisory, finance and administration are managed and controlled by the Government of India. The share capital of the Bank is held by the Central Government, State Government and Sponsor Bank in the ratio of 50%, 15% and 35% respectively and the Bank is primarily an agency and instrumentality of the Central Government. Under Section 29 of the Act 1976 the Central Government has power to make Rules after consultation with the National Bank for Agriculture and Rural Development (in short, NABARD) and Sponsor Bank. The Board of Director of the Bank has the power to make Regulations after consultation with Sponsor Bank and NABARD and with previous sanction of the Central Government. The appointment and other conditions of service of officers and employees of the Bank are governed by statutory regulations known as "Prathama Bank (Officers and Employees) Service Regulations, 2001" (in short, Regulations 2001) framed by the bank in exercise of its powers under Section 30 of the Act 1976. Chapter-IV of Regulations, 2001 deals with the conduct, discipline and appeals of the officers and employees of the bank. Regulation 38 (1) of Regulations 2001 provides penalties in respect of officers as under:- "38. Penalties Without prejudice to foregoing Regulations of this Chapter an officer or employee who commits a breach of these Regulations or who displays negligence, inefficiency or indolence or who commits acts detrimental to the interests of the Bank or in conflict with its instructions, or who commits a breach of discipline or is guilty of any other acts of misconduct, shall be liable for any one or more penalties as prescribed hereinafter. 1. Officers (a) Minor Penalties (i) Censure (ii) Withholding or stoppage of increments of pay with or without cumulative effect. (iii) Withholding of promotion. (b) Major Penalties (i) Recovery from emoluments or such other amounts as may be due to him, of the whole or part or any pecuniary loss caused to the Bank by negligence or breach of orders. (ii) Reduction to a lower grade or post, or to a lower scale in a time scale. (iii) Compulsory retirement (iv) Removal from service which shall not be a disqualification for future employment. (v) Dismissal.";