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TMI Blog2025 (5) TMI 1444X X X X Extracts X X X X X X X X Extracts X X X X ..... to 2018. He was promoted to the post of Deputy General Manager in 2016 and was due to retire on 30th June, 2019. 3. The Respondent Bank vide order dated 21st August, 2018, suspended the appellant pending further disciplinary action, alleging that the appellant, in his prior role as the Regional Head, Meerut, had adopted a very casual approach while sanctioning credit proposals in 16 accounts submitted by Mid-corporate Ghaziabad Branch. It was alleged that he sanctioned huge limits to newly incorporated firms without ensuring proper due diligence by the branch or processing officers. On 18th January, 2019, after approximately 6 months of the suspension order, a show cause notice was issued to the appellant, asking him to show cause as to why disciplinary action should not be initiated against him. On 27th March, 2019, another show cause notice was issued to the appellant incorporating the same omissions and commissions as alleged in the previous show cause notice, but in relation to other parties. The appellant made multiple representations to the Respondent Bank, requesting it to revoke his suspension. However, the same was of no avail. 4. The appellant preferred Civil Misc. Writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s advice. 5. Learned Single Judge of the High Court by Order dated 20th June, 2019 quashed Order dated 21st August, 2018 on the ground that continuing the suspension of the appellant since 21st August 2018 without even initiating or serving charge sheet for almost a year and that too at the fag end of the career of the appellant is wholly arbitrary and illegal. At the same time, the High Court granted liberty to the Respondent Bank to initiate any further proceedings that it may deem fit. Accordingly, the Executive Director issued a letter dated 28th June, 2019 to the appellant, stating that the disciplinary proceedings against him will continue and that he would not receive any pay, allowance or retiral benefits for the period till the completion of the disciplinary proceedings. 6. The appellant preferred Civil Misc. Writ Petition No. 10800 of 2019 before the Hon'ble High Court of Allahabad seeking quashing of the charge sheet dated 10th June, 2019 on the ground that the charge sheet was served without seeking the advice of the CVC, which violated the mandatory requirement under Regulation 19 of the 1976 Regulations. The appellant also sought a direction to the Respondent Bank t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heet, and second stage advice is obtained either on receipt of reply to the charge sheet or on receipt of inquiry report." Circular No. 24/4/04 dated 15th April, 2004 "3. It is clarified that investigation/inquiry reports on the complaints/cases arising out of audit and inspection, etc, involving a vigilance angle will have to be referred to the Commission for advice even if the competent authority in the bank decides to close the case, if any of the officer involved is of the level for whom the Commission's advice is required." Circular No. 07/04/15 dated 27th April, 2015 "As per the existing scheme for consultation with the Commission, the CVOs of the Ministries / Departments and all other organisations are required to seek the Commission's first stage advice after obtaining the tentative views of Disciplinary Authorities (DAs) on the reports of the preliminary inquiry / investigation of all complaints involving allegation(s) of corruption or improper motive; or if the alleged facts prima-facie indicate an element of vigilance angle which are registered in the Vigilance Complaint Register involving Category-A officers (i.e., All India Service Officers serving in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2003, wherein the CVC has been bestowed the function and power to exercise superintendence over the vigilance administration of the various Ministries of the Central Government or Corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government. Attention was also drawn to Clause 7.9.1 of the CVC's Vigilance Manual, 2017, whereby Central Vigilance Officers of the Ministries/Departments and all other organisations are required to seek the Commission's first stage advice after obtaining the tentative views of Disciplinary Authorities on the reports of the preliminary inquiry/investigation of all complaints involving allegation(s) of corruption or improper motive; or if the alleged facts primafacie indicate an element of vigilance angle. 11. Lastly, the learned senior counsel referred to affidavits dated 23rd May, 2019 and 13th June, 2019, filed by the General Manager and the Executive Director, respectively, before the Hon'ble High Court in Civil Misc. Writ Petition No. 6976 of 2019. Learned senior counsel stated that Respondents vide these two affidavits have admitted that the proceedings in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ects are very relevant. Material factual aspects set out in a chronology are as under:- a. The appellant was employed with the respondent Union Bank of India from the year 1984; b. In the year 2016, he was promoted to the post of Deputy General Manager; c. On 30th June 2019, the appellant was to be superannuated; d. The appellant had a blemishless record till 21st August 2018, when the Bank suspended him. The allegation against the appellant was that, as the Regional Head at Meerut, he adopted a very casual approach while sanctioning credit proposals in 16 accounts sent by the Mid-corporate Ghaziabad branch. It is alleged that the appellant sanctioned huge limits to newly incorporated firms without ensuring proper diligence by the branch/processing officers; e. On 18th January 2019 and 27th March 2019, two show cause notices were served upon the appellant, calling upon him to show cause why a disciplinary action should not be initiated against him; f. As the representations made by the appellant for revoking suspension were not considered, the appellant filed a writ petition before the Hon'ble High Court of Allahabad to challenge the order of suspension. In the said wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is either on receipt of the reply to the charge sheet or on receipt of the enquiry report. As can be seen from the affidavit dated 23rd May 2019, filed by the General Manager of the Bank, the first stage advice of the CVC has been sought. The affidavit dated 13th June 2019 filed by the Executive Director also clearly states that on the receipt of the advice of the CVC, the Bank shall issue a charge sheet to the appellant. As stated earlier, within five days of filing the said affidavit, the charge sheet dated 10th June 2019 was served upon the appellant. This was done without receiving the first stage advice from the CVC. 18. In its counter-affidavit, the Respondent Bank has admitted that the CVC's first-stage advice was sought on 17th May 2019. Notably, the advice was sought from the CVC nine months after the suspension order. In fact, on 18th January 2019 and 27th March 2019, show-cause notices were issued to the appellant, calling upon him to show cause why disciplinary action should not be initiated against him. 19. Thus, the respondent-Bank accepted that Regulation 19 of the 1976 Regulations was applicable and therefore, firststage advice of the CVC was sought. Even before g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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