AIROnline 2025 SC 369

Supreme Court Of India

(From : AIROnline 2019 ALL 3345)

Hon'ble Judge(s): Abhay S. Oka, Augustine George Masih , JJ

Banking Companies (Acquisition and Transfer of Undertakings) Act (5 of 1970) , S.19— Union Bank of India Officer Employees (Discipline and Appeal) Regulations (1976) , Regn.19— Disciplinary proceedings - Issuance of charge sheet against bank employee - Failure to obtain advice of CVC - Charge sheet was issued to officer for allegedly adopting very casual approach while sanctioning credit proposals - Regulation 19 of 1976 Regulations stipulates that Bank shall consult CVC, wherever necessary, in respect of disciplinary cases having a vigilance angle - Bank had admitted that allegations against officer had a vigilance angle and first stage advice from CVC was sought nine months after suspension order - After 34 years of unblemished service disciplinary proceedings were sought to be initiated against officer - Twelve days before reaching age of superannuation, charge sheet was served upon officer , without receiving CVC's advice - Once first stage advice of CVC was sought , Bank ought to have waited for the advice - Actions of Bank were mala fide and arbitrary - Officer was sought to be victimised at the fag end of his career - Charge sheet and disciplinary proceedings were quashed. AIROnline 2019 ALL 3345-Reversed (Para 17 18 19 20 21 22) ....