Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:54372-DB WA No. 1860 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1860 OF 2024 (S-DE) BETWEEN:
1.
VIJAYA BANK A BODY CONSTITUTED UNDER THE BANKING COMPANIES, (ACQUISITION AND TRANSFER OF UNDERTAKINGS), ACT 1980, BENGALURU-560 001.
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
2.
THE DEPUTY GENERAL MANAGER PERSONNEL (IRD) DISCIPLINARY AUTHORITY, VIJAYA BANK, HEAD OFFICE, PERSONNEL (IRD) NO. 41/2, M G ROAD, BENGALURU-560 001.
3.
THE GENERAL MANAGER (PER), APPELALTE AUTHORITY, VIJAYA BANK HEAD OFFICE, PERSONNEL (INDUSTRIAL RELATIONS), NO. 41/2, M G ROAD, BENGALURU-560 001.
4.
BANK OF BARODA, A BODY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF
- 2 -
HC-KAR NC: 2025:KHC:54372-DB WA No. 1860 of 2024
UNDERTAKINGS ) ACT 1970, HAVING ITS HEAD OFFICE AT BARODA CORPORATE CENTRE C-26, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI-400 051, REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER.
5.
THE GENERAL MANAGER, BANK OF BARODA, ZONAL OFFICE NO. 72, 2ND FLOOR, NITESH LEXIGTON AVENUE, BRIGADE ROAD, BENGALURU-560 001. …APPELLANTS (BY SRI. UDAYA SHANKAR RAI P., ADVOCATE) AND:
SRI SURAJ JAYADEEP SUNITA S/O LATE B R L SUNITA, AGED ABOUT 56 YEARS, WORKING AS ASSISTANT MANAGER, JUNIOR MANAGEMENT SCALE-I, STAFF CODE NO. 15390, VIJAYA BANK REGIONAL OFFICE, NAGPUR AND R/AT NO. 101, 1ST FLOOR, MANASHREE APARTMENTS, OPP SAMRIDHI CO-OPERATIVE BANK, WANJANARI NAGAR, NAGPUR-4400003.
(MAHARASHTRA STATE ). …RESPONDENT (BY SRI. M.R.SHAILENDRA., ADVOCATE FOR C/R1)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER
- 3 -
HC-KAR NC: 2025:KHC:54372-DB WA No. 1860 of 2024
IN WP NO.12082/2013 DATED 17/09/2024 PASSED BY THE LEARNED SINGLE JUDGE, AND PASS SUCH OTHER ORDER.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed by the impugned
judgment and order dated 17/09/2024 passed by the learned single judge in WP.No.1208/2013 instituted by the respondent.
2. Parties are referred to as per their rank in the writ appeal.
3. The petitioner who was working as a Retail Lending Officer, Ashok Nagar, Mangalore Branch and as Branch Manager at Aranthodu Branch, was said to have committed the misconduct for which a charge memo was issued containing as many as 16 charges. The petitioner was issued a show cause notice. He denied the charges in his reply to the show cause notice. However, the said reply was not found satisfactory and therefore, a domestic enquiry was set up against the petitioner.
- 4 -
HC-KAR NC: 2025:KHC:54372-DB WA No. 1860 of 2024
The Enquiry Officer found all 18 charges proved and disciplinary authority inflicted the punishment upon the petitioner reducing his rank from the Manager grade to the clerical grade.
4. Aggrieved, the petitioner filed an appeal. The appellate authority re-examined the evidence and, after hearing the petitioner, found only charges No. 12, 14, and 18 to be proved. Consequently, it modified the punishment to a reduction by one stage in his pay scale.
5. The petitioner challenged this appellate order before the learned Single Judge in a writ petition. The learned Single Judge observed that no financial loss was caused to the Bank. Specifically, regarding charge No. 12 (disbursing loans without verifying financial credibility), it was found that all loans were subsequently repaid. This led to the inference that the borrowers were financially creditworthy at the time of sanction. The learned counsel for the respondent-Bank does not dispute the absence of financial loss, acknowledging that the charges pertained to procedural and regulatory lapses.
6. Considering these facts, the learned Single Judge held that the modified punishment of a one-stage reduction
- 5 -
HC-KAR NC: 2025:KHC:54372-DB WA No. 1860 of 2024
was still excessive and disproportionate to the proven misconduct. Accordingly, the Court substituted it with a minor penalty of reduction to a lower stage in the employee's pay scale for a period not exceeding three years, with a further direction that this reduction would not have a cumulative effect on future increments.
7. We have been informed that the petitioner is set to retire next year. Having considered the
facts and circumstances, we find no reason to interfere with the well- reasoned judgment and order of the learned Single Judge, which appropriately balanced the gravity of the procedural lapses against the absence of pecuniary loss and the employee's long service.
8. Accordingly, the appeal is dismissed.
(D K SINGH) JUDGE
(TARA VITASTA GANJU) JUDGE JY,TIN List No.: 1 Sl No.: 5 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA