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2003 Supreme(SC) 324

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Canara Bank s – Appellant
Versus
Debasis Das – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • The Supreme Court held that Regulation 6(18) of the Canara Bank Officer Employees (Conduct) Regulations, 1976 does not mandate that an employee be granted an opportunity to file written briefs after the Presenting Officer has filed theirs; both parties may file their briefs within 15 days of the completion of evidence production if they so desire. (!)
  • The expression "respectively" in the regulation is interpreted as a word of severance, meaning the written briefs belong to the respective cases of the parties involved and there is no requirement for one party to wait for the other's submission. (!)
  • Since the employee had the opportunity to meet the Bank's stand and was granted a personal hearing during the appeal before the Appellate Authority, there was no violation of the principles of natural justice regarding the failure to file written briefs sequentially. (!)
  • The Court clarified that the principles of natural justice are not codified canons but are principles ingrained in the conscience of man, focusing on substance rather than narrow technicalities. (!)
  • The first and foremost principle of natural justice is audi alteram partem (hear the other side), which requires precise notice and adequate time for representation. (!)
  • The Court discussed the "useless formality theory," noting that while courts have discretion to refuse relief if following natural justice would not change the outcome, they should not mechanically set aside orders without assessing prejudice. (!)
  • In cases where a report is not furnished to a delinquent employee, the Court must determine if the non-supply would have made a difference to the ultimate findings before setting aside the punishment order. (!)
  • The appeal was allowed to the extent that the High Court's finding of violation of natural justice was quashed, and the matter was remanded to the High Court to examine the disputed documents by a government expert to determine their authenticity. (!)
  • If the expert report deems the documents produced by the employee as forged or not authentic, the order of dismissal shall stand; if deemed genuine, the order of dismissal must be vacated. (!)

JUDGMENT

Arijit Pasayat, J.-Scope and ambit of Regulation 6(18) and 6(21) of the Canara Bank Officer Employees (Conduct) Regulations 1976 (hereinafter referred to as the Regulations ) fall for determination in this appeal.

3. Filtering out unnecessary details, the factual background relevant for adjudication for the present dispute is as follows:-

Four charge-sheets dated 12-12-1987, 5-11-1987, 23.3.1989 and 25-5-1989 were issued to respondent No. 1 Debasis Das (hereinafter referred to as the employee ) by the functionaries of the Canara Bank, a Government of India undertaking. Disciplinary proceedings were commenced. Charge-sheet dated 5-11-1987 related to the non-vacation of residential quarter by the employee after expiry of the lease period. On completion of inquiry in respect of the said charge, disciplinary authority directed dismissal of the employee from the services of the Bank by order dated 28-8-1989. The disciplinary authority thereafter passed an order on 13-9-1989 which is the bone of contention of the parties. Details of the said order shall be dealt with infra and after the recital of the factual position is completed. Order of dismissal was challenged by






























































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