Karnataka High Court
Shri Anil Chavan vs The General Maanger And Ors on 6 April, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:3083
WP No. 202836 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202836 OF 2018 (S-DIS)
BETWEEN:
SHRI ANIL CHAVAN
S/O JAYACHAND CHAVAN,
AGE: 32 YEARS, STAFF CODE NO.25703,
EX-MANAGER,
C/O TALIKOTI B. I, ACC CEMENT SHOP,
NEAR OXFORD PRIMARY SCHOOL, ASHRAM ROAD,
VIJAYAPURA-508113.
...PETITIONER
(BY SRI HULEPPA HEROOR, ADVOCATE)
AND:
Digitally signed
by SACHIN
Location: HIGH
1. THE GENERAL MANAGER -HRD
COURT OF VIJAYA BANK, HEAD OFFICE,
KARNATAKA PERSONNEL DEPARTMENT (HRD),
NO.41/2, M.G. ROAD,
BANGLAORE-560001.
2. THE ASSISTANT GENERAL MANAGER-HRD
VIJAYA BANK, HEAD OFFICE,
PERSONNEL DEPARTMENT (HRD)
NO.41/2, M.G. ROAD,
BANGLAORE-560001.
3. THE DY. GENERAL MANAGER,
(DISCIPLINARY AUTHORITY),
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NC: 2026:KHC-K:3083
WP No. 202836 of 2018
HC-KAR
PERSONNEL DEPARTMENT (IRD)
VIJAYA BANK
NO.41/2, M.G. ROAD,
BANGLAORE-560001.
4. THE CHIEF VIGILANCE OFFICER
VIGILANCE DEPARTMENT,
HEAD OFFICE BANGALORE-560001.
5. THE REGIONAL MANAGER, VIJAYA BANK,
REGIONAL OFFICE, KALABURAGI-585101.
6. THE BRACH MANAGER,
VIVJAYA BANK, RAICHUR-584101.
7. THE BRANCH MANAGER
VIJAYA BANK, SEDAM TOWN BRANCH,
SEDAM-585123.
...RESPONDENTS
(BY SRI K. VISHWANATH, ADVOCATE FOR R1;
BY SRI UDAY P. HONGUNTIKAR, ADVOCATE FOR R2 TO R5
AND R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI, QUASHING THE IMPUGNED ORDER BEARING
DATED 01.03.2018 IN NO.PER:IR:KAL:440:2018, A COPY OF
THE SAME IS PLACED AT ANNEXURE-G, ISSUED BY THE 3RD
RESPONDENT HOLDING THE SAME AS ILLEGAL, BAD IN LAW
AND ARBITRARY ONE; II) PASS SUCH OTHER ORDER/ORDERS
AS THIS COURT DEEMS FIT AND JUST IN THE MATTER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-K:3083
WP No. 202836 of 2018
HC-KAR
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
This Writ Petition under Articles 226 and 227 of the Constitution of India is filed challenging the order impugned dated 01.03.2018 passed by respondent No.3 vide Annexure-G in proceedings bearing No.PER:IRD:KAL:
440:2018 terminating the petitioner from service in terms of Regulation 4(j) of Vijaya Bank Officers Employees' (Discipline & Appeal) Regulations, 1981.
2. Heard the learned counsel for the parties.
3. Petitioner, who was working as a Branch Manager in the respondent-bank at its branch at Sedam taluk, during the period from 25.05.2016 to 13.03.2017 was kept under suspension vide order dated 24.03.2017 for recklessly sanctioning various loans under different schemes of the bank allegedly in gross violation of the guidelines of the bank and transferring funds from the borrowers' account to the account of his family members -4- NC: 2026:KHC-K:3083 WP No. 202836 of 2018 HC-KAR and relatives. Subsequently, a charge-sheet was issued to him by the Enquiry Officer on 29.12.2017 as provided under the Regulation 6 of the Vijaya Bank Officer Employees' (Discipline and Appeal) Regulations, 1981 for the alleged irregularities committed by him while he was working as Branch Manager at Sedam.
4. According to the petitioner, he has submitted his response to the said charge sheet on 12.02.2018 vide Annexure-F. However, without holding any enquiry, the impugned order at Annexure-G dated 01.03.2018 has been passed by the 3rd respondent - disciplinary authority, dismissing the petitioner from service. Aggrieved by the same, the petitioner is before this Court.
5. This Court after hearing the arguments addressed on both sides, while issuing notice to the respondent, on 31.01.2019 had called for the records which is available before this Court. Perusal of the records would go to show that the charge sheet dated 29.12.2017 which contains as many as 23 charges against the -5- NC: 2026:KHC-K:3083 WP No. 202836 of 2018 HC-KAR petitioner was served on him on 29.12.2017. The records would reveal that the Enquiry Officer thereafter has held an enquiry commencing from 24.01.2018 onwards and has submitted a enquiry report on 06.02.2018. The records also does not reveal that after the enquiry report dated 06.02.2018 was submitted by the Enquiry Officer, a second showcase notice was issued to the petitioner along with the copy of the enquiry report. Without issuing a show cause notice affording an opportunity to the petitioner to reply to the findings recorded by the Enquiry Officer on the charges levelled against him, the disciplinary authority has passed the impugned order at Annexure-G dated 01.03.2018 which cannot be sustained. The order impugned also does not speak of any show cause notice issued to the petitioner, after the enquiry report dated 06.02.2018 was submitted by the Enquiry Officer. Under the circumstances, the impugned order at Annexure-G dated 01.03.2018 issued by the 3rd -6- NC: 2026:KHC-K:3083 WP No. 202836 of 2018 HC-KAR respondent - disciplinary authority cannot be sustained. Accordingly, the following:
ORDER
i) The writ petition is allowed.
ii) The impugned order at Annexure-G dated 01.03.2018 issued by the 3rd respondent is set-aside with a direction to 3rd respondent to issue a show cause notice along with the copy of the enquiry report dated 06.02.2018 submitted by the Enquiry Officer and grant an opportunity to the petitioner to submit his reply to the same and thereafter proceed against him in accordance with law.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SWK,SN List No.: 1 Sl No.: 37 CT:PK