Deciding Authority: Supreme Court of India
Date of Judgement: 16th January, 2003
Bench: Justice Shivaraj V. Patil & Justice H.K. Sema
Facts of the Case: The respondent herein was working as a Manager, Grade-I in the appellant Bank. On the allegations of certain misconduct and irregularities, disciplinary proceedings were initiated against him by the appellants. Several charges were framed against him. The Enquiry Officer, after conducting enquiry, submitted a report holding that some of the charges were proved, some of the charges were partly proved and some of the charges were not proved. The disciplinary authority, while accepting the finding of the Enquiry Officer to the extent that some charges were proved and some of the charges were not proved, however, did not agree with the report of the Enquiry officer as regards the finding that the charges were partly proved. The disciplinary authority held that those were fully proved. In that view, on consideration of the material, the disciplinary authority recommended for dismissal of the respondent from service. Accepting the said recommendation, the competent authority passed an order of dismissal from service. The respondent unsuccessfully appealed against the order of dismissal to the authorities. Thereafter, he filed a writ petition before the High Court challenging the order of dismissal from service. The learned single Judge of the High Court, after hearing learned counsel for the parties, allowed the writ petition accepting the contention that no opportunity was given to the respondent by the disciplinary authority in regard to the charges with which the findings of the Enquiry officer were not agreed to by the disciplinary authority in the light of the judgment of this Court in the case of Punjab National Bank and Ors v. Kunj Behari Misra, [1998] 7 SCC 84. The appellants took the matter in appeal before the Division Bench of the same High Court. The Division Bench of the High Court did not find any good or valid reason to differ from the conclusion arrived at by the learned single Judge and dismissed the appeal following the judgment of the Punjab National Bank aforesaid. Hence, an appeal in the Supreme Court has been filed.
Judgement of the Case: The Supreme Court held that , in this case the High Court has given liberty to the appellants to proceed the case in accordance with law. Under these circumstances and in view of liberty given, as stated above, the Supreme Court did not find any good reason to upset the impugned order. Consequently, the same is affirmed and the appeal is dismissed with no order as to costs.
By: Shradha Arora, CNLU Patna
A COMPREHENSIVE WEBSITE FOR ALL LEGAL DEVELOPMENTS