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2018 Supreme(Pat) 1301
IN THE HIGH COURT OF JUDICATURE AT PATNA
S. KUMAR, J.
Kunti Devi and Ors - Appellant
Versus
The Chairman-cum-Managing Director, Central Bank of India and Ors - Respondent
CWJC Nos. 1659 of 2013 and 5565 of 2011
Decided On : 21-06-2018
Advocate Appeared:
For the Appellant : Shashi Shekhar Tiwary
For the Respondent: Ajay Kumar Sinha
The court emphasized that it would not interfere with findings in disciplinary matters unless they were based on no evidence, clearly perverse, violated principles of natural justice or statutory regulations, or were arbitrary, capricious, mala fide, or based on extraneous considerations.
Headnote:
False Information - Employment Dispute - bipartite settlement - para 19.5(m) - Article 226 - Constitution of India
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India to quash the order of punishment passed by the Regional Manager, Central Bank of India, and the Appellate Authority, which resulted in the dismissal of the petitioner's husband from service. The husband was accused of obtaining employment in the bank based on false information about his date of birth and educational qualification.
Finding of the Court:
The court found that the charges against the petitioner's husband were proved, and both the Disciplinary Authority and the Appellate Authority had considered the case in a fair and objective manner, leading to the dismissal from service.
Issues: The issues revolved around the employment dispute, false information provided by the petitioner's husband, and the fairness of the disciplinary and appellate proceedings.
Ratio Decidendi: The court emphasized that it would not act as an appellate court and reassess the evidence in the domestic enquiry unless the findings were based on no evidence or were clearly perverse. Additionally, the court stated that it would not interfere with the quantum of punishment unless it was shocking to the conscience of the court.
Final Decision: The writ petitions were dismissed, and the court upheld the orders passed by the Disciplinary Authority and the Appellate Authority.
S. KUMAR, J.
1. Heard learned counsellor the parties. This writ petition under Article 226 of the Constitution of India has been filed for quashing the order of punishment dated 20.11.2008 passed by Regional Manager, Central Bank of India as well as order dated 26.6.2011 passed by the Appellate Authority by which the husband of the petitioner was dismissed from service.
2. Briefly stated, the facts of the case is that the petitioner's husband was appointed as Sub-Staff in Central Bank of India in 1973. He was promoted on the post of Cashier after enhanced qualification and attaining required length of service.
3. After 33 years of service of husband of petitioner on 20.10.2006, a complaint was made by one Sheo Jee Singh before the Bank that husband of the petitioner had obtained employment in the Bank on the basis of false information of date of birth and educational qualification.
4. The complaint made against the petitioner was enquired by the Vigilance Department of Bank and found to be true and as such a charge memo dated 16.6.2007 along with list of documents and witnesses were served upon the husband of petitioner.
5. The husband of the petitioner late Raghubir Dayal Singh was charge-sheeted vide memo of charge dated 16.6.2007 for false statement made by him in the document pertaining to his employment in respect of his academic qualification as also in respect of his date of birth and name of school from where he passed 7th Class which amounts to gross misconduct under para 19.5(m) of bipartite settlement.
6. A departmental enquiry was conducted giving the employee full opportunity to defend himself and the Enquiry Officer on the basis of materials and witnesses produced during enquiry found the charges to be proved against deceased employee.
7. The enquiry report was sent to the deceased employee to submit his reply against the finding of Enquiry Officer and delinquent submitted his reply against the finding of Enquiry Officer and the same was considered by the Disciplinary Authority and after considering the reply of delinquent, the Disciplinary Authority passed an order dated 3.10.2008 proposing penalty of dismissal and to submit his reply against the proposed punishment and a personal hearing was also granted to the delinquent employee and after hearing the Disciplinary Authority passed an order of punishment of dismissal from service without notice by order dated 20.11.2008.
8. The appeal preferred by the delinquent employee was also dismissed by the Appellate Authority by his order dated 20.7.2011. The delinquent employee died on 27.1.2012 during pendency of previous writ petition.
9. Allegation against the delinquent employee Raghubir Dayal Singh was that he declared his academic qualification as 7th Class pass at the time of his employment in the Bank as office Peon as 25.3.1949 in his application for employment in the Bank and also submitted an attested copy of School Transfer Certificate dated 24.4.1971, issued by Middle School, Dariyapur and based upon said certificate and declaration he was appointed as office Peon on 15.2.1974.
10. Complaint was made against Raghubir Dayal Singh that he passed 7th Class from Gandhi Vidyalaya, Daulatganj, Chapra and admitted himself to Class-VIII at Adarsh Janata Ucch Vidyayalya, Naini in the year 1956 and passed matriculation examination in the year 1960 (Annual) from said School where his date of birth was recorded as 22.1.1944, as such he made a false declaration about his date of birth and academic qualification at the time of employment.
11. The enquiry proceeding started against delinquent on 17.8.2007 and concluded on 27.2.2008. The management examined three witnesses and eight documents in support of charge. The complaint made against delinquent that his real name Raghubar Singh S/o. Hari Nandan Singh Village-Chatara, P.S.-Jalalpur, District-Saran and he was admitted to Adarsh Janata Ucch Vidyalaya, Naini in the year 1956 at admission Serial No. 46 and his date of bir
