1.

Review Petitioners herein have filed this application for review of this Court's judgment and order dated 18.05.200 passed in Civil !ppeal "o. 2 #$ of 200 . 2. Respondent was wor%ing with the appellant &an%. !lmost immediatel' prior to his retirement( he was as%ed to show cause as to wh' action under the )C* &an% +*fficers', Service Regulations, 1979 +for short -the 1$ $ Regulations-, should not .e ta%en against him .' notices dated 2/.10.1$$0 and #0.10.1$$0. #. Respondent reached his age of superannuation on #0.11.1$$0. ! disciplinar' proceeding was initiated against him immediatel' thereafter. ! charge sheet( however( was issued onl' on 1#.11.1$$8. 1e was dismissed from service upon initiating departmental proceedings. /. ! writ petition filed .' him was allowed. Petitioner &an% filed an appeal upon grant of special leave there against. *ne of the 2uestions which arose for consideration .efore this Court was whether in a.sence of an' chargesheet having .een issued( the disciplinar' proceedings could .e said to have .een initiated in view of the decisions of this Court in )nion of 3ndia etc. 5. 4hen the said 2uestion was raised( the 1$ $ Regulations were not .efore us. 5his Court as%ed the learned counsel to handover the regulations .' the ne6t da'. 3t was not complied with. 1owever( on 18.05.200 when the judgment was to .e delivered( a pra'er was made to defer the pronouncement of the judgment so as to ena.le the appellants to place the regulations. 5he said pra'er was declined and the judgment was pronounced. 3t is in the aforementioned factual .ac%drop( this review petition has .een filed. 0. 3n the review application( the petitioner inter alia see%s to .ring to our notice the relevant provisions of the 1$ $ Regulations so as to contend that .' reason thereof( a legal fiction has .een created to the effect that a disciplinary proceedings shall be deemed to be pending, if the delinquent officer was placed under suspension or any notice was issued to him to show cause why any disciplinary proceedings shall not be initiated against him and will be deemed to be pending until the final orders are passed by the competent authority.

. 4e are concerned herein with Regulation 2

of the 1$ $ Regulations which

finds place in Chapter 37. !s noticed herein.efore( the heading of the said Regulation is !termination of service!. Regulation 20 e6 facie does not deal with termination of service .' wa' of misconduct which is governed .' the 1$ 0 Regulations and the 1$ 0 Conduct Regulations. 8. 5he )C* &an% *fficer 8mplo'ees' "#iscipline and $ppeal% Regulations, 197& +for short -the 1$ 0 Regulations, have .een framed .' reason of 9ection 1$ of the &an%ing Companies +!c2uisition and 5ransfer of )nderta%ings, !ct( 1$ 0 in consultation with the Reserve &an% of 3ndia and with the previous sanction of the Central :overnment. 12. Regulation 20 of the 1$ $ Regulations reads as under; '2 "1%"a% Sub(ect to sub)regulation * of regulation 1& where the +an, is satisfied that the performance of an officer is unsatisfactory or inadequate or there is a bonafide suspicion about his integrity or his retention in the +an,!s service would be pre(udicial to interests of the +an,, and where it is not possible or e-pedient to proceed against him as per the disciplinary procedure, the +an, may terminate his services on giving him three months! notice or emoluments in lieu thereof in accordance with the guidance issued by the .overnment from time to time. +., *rder of termination under this su.<regulation shall not .e made unless such officer has .een given a reasona.le opportunit' of ma%ing a representation to the &an% against the proposed order. +c, 5he decision to terminate the services of an officer emplo'ee under su.< regulation +a, a.ove will .e ta%en onl' .' the Chairman and =anaging >irector. +d, 5he officer emplo'ee shall .e entitled to appeal against an' order passed under su.<regulation +a, a.ove .' preferring an appeal within 15 da's to the &oard of >irectors of the &an%. 3f the appeal is allowed( the order under su.< regulation +a, shall stand cancelled. +e, 4here an officer emplo'ee whose services have .een terminated and who has .een paid an amount of three months emoluments in lieu of notice and on appeal

his termination is cancelled( the amount paid to him in lieu of notice shall .e adjusted against the salar' that he would have earned( had his services not .een terminated and he shall continue the &an%'s emplo'ment on same terms and conditions as if the order of termination had not .een passed at all. +f, !n officer emplo'ee whose services are terminated under su.<regulation +a, a.ove shall .e paid :ratuit'( Provident ?und including emplo'er's contri.ution and all other dues that ma' .e admissi.le to him as per rules not withstanding the 'ears of service rendered. +g, "othing contained hereina.ove will affect the &an%'s right to retire an officer emplo'ee under Regulation 1$+1,. 2. !n officer shall not leave or discontinue his service in the &an% without first giving a notice in writing of his intention to leave or discontinue his service or resign. 5he period of notice re2uired shall .e # months and shall .e su.mitted to the competent authorit' as prescri.ed in these regulations. Provided further that the competent authorit' ma' reduce the period of # months or remit the re2uirement of notice. #+i, an officer against whom disciplinar' proceedings are pending shall not leave@ discontinue or resign from his service in the .an% without the prior approval in writing of competent authorit' and an' notice or resignation given .' such an officer .efore or during the disciplinar' proceedings shall not ta%e effect unless it is accepted .' the competent authorit'. +ii, #isciplinary proceedings shall be deemed to be pending against any employee for the purpose of this regulation if he has been placed under suspension or any notice has been issued to him to show cause why disciplinary proceedings shall not be instituted against him and will be deemed to be pending until final orders are passed by the competent authority. +iii, /he officer against whom disciplinary proceedings have been initiated will cease to be in service on the date of superannuation but the disciplinary proceedings will continue as if he was in service until

the proceedings are concluded and final order is passed in respect thereof. /he concerned officer will not receive any pay and0 or allowance after the date of superannuation. 1e will also not be entitled for the payment of retirement benefits till the proceedings are completed and final order is passed thereon e-cept his own contributions to 234.' 1#. 9u.<regulation +1, of Regulation 20 of the 1$ $ Regulations( thus( deals with termination of service where the performance of an officer is unsatisfactor' or inade2uate or where there is a .ona fide suspicion a.out his integrit' or where his retention in the .an%'s service is prejudicial to interests of the disciplinar' procedure. *ther 9u.<regulations of Regulation 20 provides for the mode and manner in which such termination ma' .e effected as also his entitlement to prefer an appeal there against and other .enefits to which he would .e otherwise entitled to. 1/. 9u.<regulation +2, of Regulation 20 of the 1$ $ Regulations places an em.argo on an official to leave or discontinue his service of the .an% without giving a notice in writing. 3t prescri.es a period of notice. 9u.< regulation +#, of Regulation 20( however( places an em.argo on an officer to leave or discontinue or resign from service without the prior approval in writing of the competent authorit' and a notice or resignation given .' such an officer .efore or during the disciplinar' proceedings shall not ta%e effect unless it is accepted .' the competent authorit'. Clause +ii, of 9u.<regulation +#, of Regulation 20 must .e considered from that aspect of the matter. 3t raises a legal fiction. 9uch legal fiction has .een raised onl' for the purpose of -this Regulation- and for no other( which would mean Regulation 20+1,. 5he final orders which are re2uired to .e passed .' the competent authorit' although indisputa.l' would .e in relation to the disciplinar' proceedings .ut evidentl' it is for the purpose of accepting resignation or leaving or discontinuing of the service .' the emplo'ee concerned or grant of approval thereof. Clause +ii, of 9u.< regulation +#, of Regulation 20 in effect and su.stance acts as a proviso to Clause +i, thereof. 15. Clause +iii, of 9u.<regulation +#, of Regulation 20 is an independent provision. 3t provides for continuation of the disciplinar' proceedings. 9uch

disciplinar' proceedings indisputa.l' for the purpose of applica.ilit' of 9u.< regulation +#, must have .een initiated in terms of the 1$ 0 Regulations. 10. 5t is worth noticing the distinction between terminologies 'proceeding pending' or 'proceeding initiated'. 2lause "ii% of Sub) regulation "*% of Regulation 2 defines what would be pending, vi6., for the purpose of attracting 2lause "i% thereof. ! disciplinar' proceeding is initiated in terms of 1$ 0 Regulations( which are applica.le onl' in a case where a proceeding is initiated for the purpose of ta%ing disciplinar' action against a delin2uent officer for the purpose of imposing a punishment on him. #isciplinary proceedings, thus, are initiated only in terms of the 197& Regulations and not in terms of the 1979 Regulations. 5t is worth noticing that the 1979 Regulations would be attracted when no disciplinary proceeding is possible to be initiated. /he 197& Regulations, however, on the other hand, would be attracted when a disciplinary proceeding is initiated. 5he aforementioned Regulation( however( could .e invo%ed onl' when the >isciplinar' Proceedings had clearl' .een initiated prior to the respondent's ceases to .e in service. 5he terminologies used therein are of seminal importance. 7nly when a disciplinary proceeding has been initiated against an officer of the ban, despite his attaining the age of superannuation, can the disciplinary proceeding be allowed on the basis of the legal fiction created thereunder, i.e., continue 'as if he was in service'. /hus, only when a valid departmental proceeding is initiated by reason of the legal fiction raised in terms of the said provision, the delinquent officer would be deemed to be in service although he has reached his age of superannuation. /he departmental proceeding, it is trite law, is not initiated merely by issuance of a show cause notice. 5t is initiated only when a chargesheet is issued "See 8nion of 5ndia etc. etc. v. 9.:. ;an,iraman, etc.

&oth operate in separate fields. 4e do not see an' ne6us .etween Regulations 20+1, and 20+2, of the 1$ $ Regulations and the 1$ 0 Regulations. 1 . 5he 1$ 0 Regulations provide for the mode and manner in which a disciplinar' proceeding is initiated. 3t e6pressl' provides for service of charge sheet. 9ervice of charge sheet is a necessar' ingredient for initiation of disciplinar' proceeding. ! preliminar' en2uir' is not contemplated under the 1$ 0 Regulations. 3f such an en2uir' is held( the same is onl' for the purpose of arriving at a satisfaction on the part of the disciplinar' authorit' to initiate a proceeding and not for an' other purpose. 18. 3f it is found that a disciplinar' proceeding can .e and should .e initiated( recourse to the 1$ 0 Regulations would have to .e ta%en( if not( the 1$ $ Regulations ma' .e resorted to if the conditions precedent therefore are satisfied. 3t is onl' with a view to put an em.argo on the officer to leave his jo.( Clause +ii, of 9u.<Regulation +#, of Regulation 20 of the 1$ $ Regulations has .een made. 3t's scope is limited. 1$. 4e have noticed herein.efore that each regulations operates in different fields. 4hen a proceeding is initiated for the purpose of ta%ing an' disciplinar' action on the ground of an' misconduct which might have .een committed .' the officer concerned indisputa.l' the procedures laid down in the 1$ 0 Regulations are re2uired to .e resorted to. 20. 5he 1$ $ Regulations would .e attracted onl' for the purpose of termination of service. 1ad the intention of the regulation ma%ing authorit' .een that the legal fiction created under Clause +ii, of 9u.<regulation +#, of Regulation 20 would cover .oth Clauses +i, and +iii,( the same should have .een placed onl' after Clause +iii,. 3n such an event( Clause +ii, of 9u.< regulation +#, of Regulation 20 should have .een differentl' worded. 9ome non<o.stante clause would have .een provided for ma%ing an e6ception to the applica.ilit' of the 1$ 0 Regulations when a legal fiction is created( although it is re2uired to .e ta%en to the logical conclusion A9ee 8ast 8nd >wellings Co. Btd. v. ?ins.ur' &orough Council( A+1$51, 2 !ll.8.R 58 C( .ut the same would not mean that the effect thereof would .e e6tended so as to transgress the scope and purport for which it is created.

3n )C* &an% and !nr. v. Rajinder Bal Capoor A+200 , 0 9CC 0$/C it has .een held; -4e are not o.livious of the legal principle that a legal fiction must .e given full effect .ut it is e2uall' well<settled that the scope and am.it of a legal fiction should .e confined to the o.ject and purport for which the same has .een created.3n 3magic Creative Pvt. Btd. v. 5he Commissioner of Commercial 5a6es and *rs. AD5 2008 +1, 9C /$0C( this Court opined; -20. 4e have noticed herein.efore that a legal fiction is created .' reason of the said provision. 9uch a legal fiction( as is well %nown( should .e applied onl' to the e6tent for which it was enacted. 3t( although must .e given its full effect .ut the same would not mean that it should .e applied .e'ond a point which was not contemplated .' the legislature or which would lead to an anomal' or a.surdit'. 2 . 5he Court( while interpreting a statute( must .ear in mind that the legislature was supposed to %now law and the legislation enacted is a reasona.le one. 5he Court must also .ear in mind that where the application of a Parliamentar' and a Begislative !ct comes up for considerationE endeavours shall .e made to see that provisions of .oth the acts are made applica.le.3t is now a well<settled principle of interpretation of statutes that the court must give effect to the purport and o.ject of the !ct. Rule of purposive construction should( su.ject of course to the applica.ilit' of the other principles of interpretation( .e made applica.le in a case of this nature. 3n "ew 3ndia !ssurance Compan' Btd. v. "usli "eville 4adia and !nr. AD5 2008 +1, 9C #1C( this Court held; -4ith a view to read the provisions of the !ct in a proper and effective manner( we are of the opinion that literal interpretation( if given( ma' give rise to an anomal' or a.surdit' which must .e avoided. 9o as to ena.le a superior court to interpret a statute in a reasona.le manner( the court must place itself in the chair of a reasona.le legislator@ author. 9o done( the rules of purposive construction have to .e resorted to which would re2uire the construction of the !ct in such a manner so as to see that the o.ject of the !ct fulfilledE which in turn would lead

the .eneficiar' under the statutor' scheme to fulfill its constitutional o.ligations as held .' the court inter alia in !sho%a =ar%eting Btd +supra,. 51. &ara% in his e6haustive wor% on 'Purposive Construction' e6plains various meanings attri.uted to the term -purpose-. 3t would .e in the fitness of discussion to refer to Purposive Construction in &ara%'s words; -1art and 9achs also appear to treat -purpose- as a su.jective concept. 3 sa' -appear- .ecause( although 1art and 9achs claim that the interpreter should imagine himself or herself in the legislator's shoes( the' introduce two elements of o.jectivit'; ?irst( the interpreter should assume that the legislature is composed of reasona.le people see%ing to achieve reasona.le goals in a reasona.le mannerE and second( the interpreter should accept the non<re.utta.le presumption that mem.ers of the legislative .od' sought to fulfill their constitutional duties in good faith. 5his formulation allows the interpreter to in2uire not into the su.jective intent of the author( .ut rather the intent the author would have had( had he or she acted reasona.l'.21. 3n terms of the 1$ 0 Regulations drawing up of a charge sheet .' the disciplinar' authorit' is the first step for initiation of a disciplinar' authorit'. 8nless and until, therefore, a charge sheet is drawn up, a disciplinary proceedings for the purpose of the 197& Regulations cannot be initiated. 22. >rawing up of a charge sheet( therefore( is the condition precedent for initiation of disciplinar' proceedings. 4e have noticed in paragraph 15 of our judgment that ordinaril' no disciplinary proceedings can be continued in absence of any rule after an employee reaches his age of superannuation. $ rule which would enable the disciplinary authority to continue disciplinary proceedings despite the officers reaching the age of superannuation must be a statutory rule. !' fortiori it must .e a rule applica.le to a disciplinar' proceedings.

2#. 5here cannot .e an' dou.t whatsoever that the emplo'er ma' ta%e resort to a preliminar' in2uir'( .ut it will .ear repetition to state that the same has a limited role to pla'. &ut( in a.sence of the statutor' rules operating in the field( resorting to a preliminar' en2uir' would not .' itself .e enough to hold that a departmental proceeding has .een initiated. 2/. 3nitiation of a disciplinar' proceeding ma' lead to an evil or civil conse2uence. 5hus( in a.sence of clear words( the court must lean in favour of an interpretation which has .een applied .' this Court in the main judgment. 20. 5his petition is dismissed. 3n the facts and circumstances of this case( however( there shall .e no order as to costs.