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Issues: Whether a Regional Manager could issue a show-cause notice under the Master Circular on Wilful Defaulters when the Circular required the designated Committee to examine the evidence, form an opinion, issue notice, and decide the matter.
Analysis: The Master Circular prescribed a specific mechanism for identification of wilful defaulters through a Committee of designated officers. The Committee was required to examine the evidence, and only if it concluded that wilful default had occurred could it issue the show-cause notice and thereafter consider the reply and pass a reasoned order. Since the function of forming the opinion and issuing notice was vested in the Committee, it could not be delegated to another officer. A bank policy inconsistent with the Circular could not override the Circular.
Conclusion: The impugned notice was without jurisdiction and was quashed. The Bank was left free to proceed in accordance with the Master Circular and the law.