The Chairmand and Managing Director v. Ms N B Annapurna

((((((((((((HC-KAR, NC:(2026:KHC:44499-DB( WA(No.(1714(of(2025( C/W(WA(No.(1887(of(2025( ,,,,,,,,,, , CNR:(KAHC010679102025( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(18 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(D(K(SINGH(

AND((

THE(HON'BLE(MR.(JUSTICE(H.SHANTHI(BHUSHAN(

WRIT(APPEAL(NO.(1714(OF(2025((S-DE)(

C/W(

WRIT(APPEAL(NO.(1887(OF(2025((S-PRO)(

(

IN(WA(No.(1714/2025(

BETWEEN:((

(

1., THE,CHAIRMAN,AND,, MANAGING,DIRECTOR,

CORPORATION,BANK,,, (NOW,KNOWN,AS,, UNION,BANK,OF,INDIA),, Digitally HEAD,OFFICE:,,signedtiby MANGALADEVI,TEMPLE,ROAD,,,VASANTHA KUMARY0B0K PANDESHWAR,,,

Location: MANGALURU,575,001., HIGH , COURT0OF

2., THE,GENERAL,MANAGER,,KARNATAKA CORPORATION,BANK,,, (NOW,KNOWN,AS,, UNION,BANK,OF,INDIA),, HUMAN,RESOURCES,MANAGEMENT,,, PERSONNEL,ADMINISTRATION,DIVISION,,, HEAD,OFFICE:,, MANGALADEVI,TEMPLE,ROAD,,, PANDESHWAR,,, MANGALURU,,575,001., ((((((((((((HC-KAR, NC:(2026:KHC:44499-DB( WA(No.(1714(of(2025( C/W(WA(No.(1887(of(2025( ,,,,,,,,,, , CNR:(KAHC010679102025( ( (

3., THE,DEPUTY,GENERAL, MANAGER,AND,DISCIPLINARY,, AUTHORITY,,, HUMAN,RESOURCES,MANAGEMENT,,, PERSONNEL,, ADMINISTRATION,DIVISION,,, (DISCIPLINARY,CELL),,, CORPORATION,BANK,, (NOW,KNOWN,AS,, UNION,BANK,OF,INDIA),, HEAD,OFFICE:,, MANGALADEVI,TEMPLE,ROAD,,, PANDESHWAR,,, MANGALURU,-,575,001., , ALL,THE,APPELLANTS,ARE,, REPRESENTED,BY,SRI.,V.V.MURUGAN, CHIEF,MANAGER(HR), …APPELLANTS, (BY,SRI.,PRADEEP,S,,SAWKAR,,ADVOCATE), , AND:( (

1., MS,N,B,ANNAPURNA, WIFE,OF,LATE,ARVIND,DAS, RAJBHAN,,, AGED,ABOUT,55,YEARS,,, E,9317,,MANAGER,, BENGALURU,-RAJAJINAGAR,BRANCH,,, RAJAJINAGAR,,BANGALORE,560,010., …RESPONDENT, (BY,SRI.,SWAMY,N,B,N.,,ADVOCATE), , , THIS,WRIT,APPEAL,IS,FILED,U/S,4,OF,THE,KARNATAKA, HIGH,COURT,ACT,PRAYING,TO,SET,ASIDE,THE,ORDER,DATED, 12/06/2025,PASSED,BY,THE,LEARNED,SINGLE,JUDGE,IN,WP, NO.29738/2019, BY, ALLOWING, THIS, APPEAL, AND, CONSEQUENTLY, DISMISS, THE, WRIT, PETITION, IN, WP, NO.29738/2019,WITH,COSTS., ( ((((((((((((HC-KAR, NC:(2026:KHC:44499-DB( WA(No.(1714(of(2025( C/W(WA(No.(1887(of(2025( ,,,,,,,,,, , CNR:(KAHC010679102025( ( ( IN(WA(NO.(1887/2025( , BETWEEN:( ,

1., THE,CHAIRMAND,AND,, MANAGING,DIRECTOR, THEN,CORPORATION,BANK,,, NOW,MERGED,WITH,, UNION,BANK,OF,INDIA,,, REGIONAL,OFFICE,,, MANGALADEVI,TEMPLE,ROAD,,, PANDESHWAR,,, MANGALURU,-,575,001., ,

2., THE,GENERAL,MANAGER,, THEN,CORPORATION,BANK,,, NOW,MERGED,WITH,, UNION,BANK,OF,INDIA,,, HUMAN,RESOURCES,MANAGEMENT,,, PERSONNEL,ADMINISTRATION,DIVISION,,, HEAD,OFFICE,,, MANGALADEVI,TEMPLE,ROAD,,, PANDESHWAR,,, MANGALURU,-,575,001., ...APPELLANTS, (BY,SRI.,PRADEEP,S,,SAWKAR,,ADVOCATE), , AND:( ,

1., MS,N,B,ANNAPURNA, WIFE,OF,LATE,ARVIND,DAS,RAJBHAN,,, AGED,ABOUT,55,YEARS,, E,9317,,MANAGER,, BENGALURU,-RAJAJINAGAR,BRANCH,,, RAJAJINAGAR,,, BANGALORE,-,560,010., ...RESPONDENT, (BY,SRI.,SWAMY,N,B,N.,,ADVOCATE), , ,,,,,,,THIS, WRIT, APPEAL, IS, FILED, U/S, 4, OF, THE,

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 12.06.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 10996/2019 BY ALLOWING THIS WRIT APPEAL AND CONSEQUENTLY DISMISS THE WRIT PETITION IN WP No. 10996/2019 WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY.

THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)

Heard Sri. Pradeep S. Sawkar, learned counsel for the appellant-Corporation Bank and Sri. Swamy N.B.N. learned counsel for the respondent.

¶2These intra Court Appeals have been filed impugning the common judgment and order dated 12.06.2025 passed by the writ Court in W.P.Nos.29738/2019 and 10996/2019 instituted by the respondent herein.

¶3The parties are referred to as per their ranking before the writ Court for the sake of convenience.

¶4The petitioner while working as Grade 3 Officer and when posted as Senior Manager of the appellant-Bank in the Whitefield Branch, faced the disciplinary proceedings in respect of the loans sanctioned by her during her tenure as Branch Manager of Brahmanipura Branch from

14.08.2015 to

03.02.2017. During the audit several irregularities were pointed out in sanctioning the loans by the petitioner. The enquiry officer found the charges proved against the petitioner and disciplinary authority after issuing show cause notice to the petitioner for proposed punishment, inflicted punishment of scaling down from Middle Management Grade/Scale III to Middle Management Grade/Scale II with the basic pay of Rs.44,600/- per month and thereby reducing her basic pay by Rs.10,000/- from the last drawn pay.

¶5Being aggrieved by the said order of punishment inflicted by the Disciplinary Authority vide order dated 30.11.2018, the petitioner filed an appeal under Regulation 17 of the Corporation Bank Officers (Discipline and Appeal) Regulations, 1982. The appellate authority vide order dated 10.05.2019 dismissed the appeal.

¶6As the petitioner was due for promotion, sealed cover procedure was adopted. However, as she was inflicted with punishment by which her designation was reduced from Middle Management Grade/Scale III to Middle Management Grade/Scale II, sealed cover was not opened for which she filed writ petition in W.P.No.10996/2019 (S-PRO) impugning the communication/order dated 20.02.2019 whereby she was denied permission to participate in the promotion process for the year 2019-20. The writ petition in W.P.No.29738/2019 (S-DE) was filed against the imposition of the major punishment as well as the order passed by the appellate authority. The petitioner had filed a third petition i.e. W.P.No.5598/2020 (S-PRO) Challenging promotion of officers to middle Management Grade IV and the petitioner's claim was not considered for the reason of her being punished.

¶7All these three petitions were taken up together for consideration by learned Single Judge. The learned Single Judge in the order impugned herein has not found any infraction of the relevant rules or the principle of natural justice. However, the learned Single Judge has been of the

opinion that reduction of the scale of the petitioner from Middle Management Grade III to Middle Management Grade II is harsh and excessive and the same deserves to be modified.

¶8It is well settled law that unless the punishment imposed is shockingly disproportionate, the Court should not interfere with the quantum of punishment. Even where the Court finds that the punishment is highly excessive, the matter should be remanded back to the competent authority to reconsider the quantum of punishment. The Court should not take upon itself to modify the punishment.

¶9In view of the well established law, we set aside the impugned judgment and order dated 12.06.2025 of the learned Single Judge modifying the punishment itself and remand the matter back to the appellate authority to re-consider the quantum of punishment imposed on the petitioner after taking into consideration the observation of the learned Single Judge.

¶10We allow both the writ appeals and remand the matter to the appellate authority with the aforesaid direction and clarification.

¶11So far as the direction for promotion is concerned, till the petitioner's punishment is set aside, she cannot be considered for promotion for a period of three years and therefore, that direction is also set aside to re-consider the matter afresh so far as quantum of punishment is concerned within a period of two months.

¶12Pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE

NG CT:SN List No.: 1 Sl No.: 16