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In this case of CANARA BANK AND ORS. VERSUS KAMESHWAR SINGH, an appeal was filed by the appellant in the Supreme Court challenging the decision of the Division Bench of the High Court of Patna. whereby the order of punishment passed against the respondent by the Appellate Authority, namely, the General Manager of the Bank, was quashed and the matter was remitted to the Disciplinary Authority, namely, the Deputy General Manager to proceed with the inquiry from the stage of receipt of the inquiry report and to conclude the proceedings in accordance with law. In this case the respondent was appointed on the post of Clerk with the Appellant Bank in the year 1978 and was subsequently granted promotion under the relevant rules of the bank.
On 08.08.2008 the respondent was posted and working as Scale I officer of the bank at its Swarajpuri, Gaya Branch. He was put under suspension with effect from 20.09.2008 in view of the order passed by the Deputy General Manager of the Bank in contemplation of a departmental proceedings. The respondent was served with a charge sheet dated 14.02.2009 containing articles of charges and statement of imputations to articles of charges. The respondent submitted his explanation on 10.03.2009 denying the allegation of misconduct and praying therein that the proceeding initiated against him may be dropped and order of suspension passed against him may be recalled. However, the Bank not being satisfied with the explanation furnished by the respondent, decided to proceed with the departmental proceeding initiated against him. In the departmental inquiry, four persons were examined as management witnesses. One Deepak Kumar Singh was examined as defence witness.
On the basis of the materials on record, the Inquiring Officer submitted his report dated 02.07.2009 holding the respondent guilty of the charges. A copy of the inquiry report was forwarded to the respondent by letter dated 03.07.2009 issued under the signature of the Deputy General Manager and Disciplinary Authority. Thereafter, an order dated 18.8.2009 was passed by the General Manager and Disciplinary Authority, whereby the punishment of compulsory retirement was inflicted upon the respondent in terms of Regulation 4(h) of the Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976 (for short ‘Discipline and Appeal Regulations, 1976’). The appeal preferred by the respondent was dismissed by the Appellate Authority on 22.03.2010. The respondent challenged the said order by filing a writ petition before the High Court in Civil Writ Jurisdiction Case No. 10295 of 2010. During the pendency of this writ petition, review application filed by the respondent was also rejected by the Chairman cum Reviewing Authority by order dated 30.07.2010.
The Interlocutory Application filed by the respondent seeking amendment of the writ petition in order to assail the validity and correctness of the order passed by the Reviewing Authority was allowed by the High Court. Learned Single Judge came to the conclusion that the General Manager of the Bank was justified in passing the order in view of Regulation 5(3) of the Discipline and Appeal Regulations, 1976. However, the learned Single Judge found that neither the Appellate Authority nor the Reviewing Authority have answered the grounds taken on behalf of the respondent in his appeal and review petition respectively. Therefore, the learned Single Judge remitted the matter, at the first instance, to the Appellate Authority for reconsideration of the matter. The Bank has challenged this order in LPA No. 1430 of 2013 before the Division Bench. The respondent has also challenged the order of the learned Single Judge in LPA No. 849 of 2013. The Division Bench after considering the rival contentions of the parties, has set aside the order of the learned Single Judge and remitted the matter to the Deputy General Manager to proceed with the inquiry from the stage of receipt of the inquiry report and thereafter to conclude the proceeding in accordance with law.
Thereafter the appellant filed an appeal in the Supreme Court, the court after hearing the case held “In the result, the appeals succeed and are accordingly allowed. The order of the Division Bench impugned herein is set aside and the order of the learned Single Judge remitting the matter to the authorised Appellate Authority for reconsideration of the appeal is restored.”
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