JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. Leave granted.

2. This appeal arises from a judgment dated 27 November 2020 of a Division Bench of the High Court of Himachal Pradesh. The High Court affirmed the order of the Central Government Industrial Tribunal¹[“CGIT”] dated 09 July 2019.

3. In 2013, the appellant issued a charge sheet to the respondent in a disciplinary enquiry on a charge of gross misconduct. The respondent was charged with (i) gross misconduct including disrupting the functioning of the branch of the bank and misbehavior with the branch manager; (ii) use of abusive language and threatening the branch manager; (iii) organizing demonstrations without prior notice; (iv) disrupting smooth functioning by preventing other employees from carrying out their functions; (v) deliberately flouting systems and procedures with the intention to undermine the branch manager’s authority and increasing the operational risk of the branch; (vi) unauthorized absence from duty; (vii) disobedience of office orders; (viii) proceeding on medical leave without providing relevant medical certificates; and (ix) issuance of cheques from a bank account which did not have sufficient balance. The enq