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Judgment
The petitioner is the delinquent. The management of the respondent-Bank initiated disciplinary proceedings against the petitioner and dismissed him from service on the ground of proved mis-conduct after holding a regular departmental enquiry in terms of the Conduct and CCA Regulations. The appellate authority also dismissed the appeal filed by the petitioner. Hence, this writ petition is "filed by the petitioner assailing the validity and legality of the disciplinary action taken by the management of the bank.
The only ground urged by the teamed Counsel for the petitioner while assailing the disciplinary action taken by the management of the respondent-Bank is that the Manager (Personnel), who initiated the disciplinary proceedings is incompetent to initiate disciplinary action. In support of his contention, the learned Counsel would draw the attention of the Court to the Third Bipartite Settlement between the Indian Banks Association and All India Bank Employees Association. The relevant entry in the schedule reads as under :
SCHEDULE
Officer Establishment in which the Member of the Award Staff is working Disciplinary Authority Appellate Authority
Branch/ Extension Counter
Branch Manager under whom the employee is working/Authority above the Branch Manager/Asst. Superintendent in Zonal Office/Authority above Asst. Superintendent in Zonal Office/Personnel Officer/Superintendents in the Department of Personnel at Central Offices Authority above Superintendent in the Department of Personnel at Central Office.
Assistant General Manager of the concerned Zone/ Authority above the Assistant General Manager.
Under the heading "Disciplinary Authority", it is true that the name of the Manager (Personnel) is not mentioned in the list of authorities, but the name of the Personnel Officer is mentioned as one of the disciplinary authorities, and the Manager (Personnel) undoubtedly being an Officer of the Bank he has to be regarded as a Personnel Officer. It is not the case of the petitioner that there was a separate Personnel Officer designated as the disciplinary authority to take disciplinary action against the delinquent employees at the relevant point of time. If that is so, a fair construction that should be placed on the entry in the schedule is that the Manager (Personnel) should be treated as a Personnel Officer, and if it is so treated, the only argument of the learned Counsel for the petitioner has to be rejected, and it is accordingly rejected.
No other point was urged before the Court to assail the disciplinary action taken by the management of the respondent-Bank.
In the result, the writ petition fails, and it is accordingly dismissed with no order as to costs.