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The Allahabad High Court dismissed the writ petition filed by a bank employee stating that the Central Vigilance Commission (CVC) is not investigating agency in disciplinary proceedings brought down against the employees of the bank.
The Union Bank of India, the Respondent had filed in charge sheet against the Petitioner due to the violation of Rule 19 of the Union Bank of India Officer Employees (Discipline and Appeal) regulations 1976, the advice of the CVC was mandatory in the matters involving Vigilance angle that the petitioner according to Rule 19. It is mandatory for Public Sector Banks Commission first date advice before preparation of charge sheet in matters indicating angle of vigilance.
The Respondent argued that the CVC was merely present to advise and make enquiries from all angles. Adding to the above point the Respondent said issuance of the charge sheet cannot be quashed for this reason.
Rule 19 was interpreted by Justice Sunita Agarwal, she stated that the word “consultation” was used in the rules with Central Vigilance Commission and hence the role of CVC is does for the advisory matter and not for investigating departmental proceedings but rather an Apex body of Government of India formed to address the corrupt practices within the government.
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