Tarun Kumar Basu, J. - (1.) In this Rule, the petitioners the first of whom is the Employees' Association of the Reserve Bank of India (hereinafter referred to as the Bank) and the others are individual employees of the Bank challenge an order of the Bank and also an order of the Government of India These are two distinct and separate orders and are challenged on distinct and separate grounds.
(2.) The first one namely, the order of the Bank which is under challenge may be set out herein below:- "Office Order No. 367/76/77 Late Coming Reducing the grace time to 15 minutes. With a view to achieving maximum efficiency, it has been decided to discontinue henceforth the practice of permitting employees to attend office late on two occasions in a month up to 12 noon. With effect from 15th December, 1976, employees would be allowed on, not more thin two occasions in a month, even with permission to come late up to a maximum period of 15 minutes only from the commencement of the working hours prescribed for the concerned category of staff. If an employee attends office late i. e. before the expiry of 15 minutes from the commencement of the working hours prescribed for him, on more than two occasions in a month, he will forfeit a day's casual leave or ordinary leave or such other leave as the competent authority may deter-mine for every three days of such late attendance in a month and in addition will also be liable to disciplinary action in terms of Regulation 39(3) of the Reserve Bank of India Staff Regulations, 1948. 2. No employee will be permitted to attend office if he is late beyond a maximum of 15 minutes from the commencement of the working hours prescribed for him. 3. While the grace period for late attendance will normally be 15 minutes as provided above, the Manager/Officer-in-charge may, at his discretion, condone late attendance up to maximum of 30 minutes from the commencement of the working hours for the particular category of staff, where he is satisfied that such late attendance was entirely beyond the employee's control such as dislocation of transport system, etc. and where the grant of such permission will not cause inconvenience to the office. Sd/- Manager."
(3.) This circular is dated the 14th December, 1976. The genesis and background of the circular however goes back to the early part of that year and may be briefly noted. On the 30th March, 1976 the Personnel Manager, Reserve Bank of India by a Circular issued to all Managers and Heads of Department informed them that according to the existing practice the employees are permitted to attend office late on two occasions in a month upto 12 noon. The position has been reviewed by the Central Office in the context of improving the efficiency and for discipline in the Bank's Office. By the circular it was further stated that it has been decided that in future no employees should be permitted to attend office if he is late in attendance upto a maximum of 15 minutes from the commencement of the working hours applicable to the concerned category of staff It was further stated that the Manager/Officer-incharge may in his discretion condone late attendance upto a maximum of 30 minutes where he is satisfied that such late attendance was entirely beyond the employees control such as dislocation transport system etc. and where such grant of permission will not cause inconvenience to the office. Such discretion should be exercised by the Manager/Officer-in-charge personally.;