Imposition of penalties

Penalties of demotion, stoppage of increment, warning and embargo on any important managerial assignment, were imposed on the appellant on charges of negligence/inefficiency in performance of duty, breach of law and rules and. regulations

Allegation against appellants was that an officer of branch of Bank of which appellants remained Sub-Manager and Chief Manager at the relevant times, had misappropriated huge amount fraudulently and appellants as his superiors did not exercise proper control, exhibited negligence and did not apply rules and regulations of the Bank thereby allowing said officer to continue his activities undetected

Disciplinary proceedings against appellants were mala fide of law as those were initiated by an incompetent Authority

Charges/memo of allegations were not communicated to appellants by Inquiry Committee and show-cause notices under S. 3 of Removal from Service (Special Powers) Ordinance, 2000 were also issued to appellants by incompetent Authority

Fact that proceedings against appellants, were mala fide of law, was sufficient to set aside impugned order against appellants

Order imposing penalties upon appellants, was set aside

Authority would be at liberty to conduct de novo proceedings against appellants in accordance with provisions of law within specified period.