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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B. BAJANTHRI, J.
Bhavendra Jha, S/o Late Shobha Kant Jha – Appellant
Versus
The Uttar Bihar Gramin Bank – Respondent
Civil Writ Jurisdiction Case No.10725 of 2010
Decided on : 12-01-2024
DISCIPLINARY ACTION - SERVICE REGULATIONS - Uttar Bihar Gramin Bank (Officers and Employees) Service Regulations-2008, Regulation No.41 - The court discussed the necessity of a common inquiry under Regulation No.41 when multiple employees are involved in misconduct. It highlighted the lack of evidence and procedural violations in the disciplinary proceedings against the petitioner, leading to the conclusion that the charges were not substantiated. The court's decision was influenced by the absence of a proper inquiry process and the failure to provide necessary documentation supporting the charges.
Fact of the Case:
The petitioner challenged the disciplinary action taken against him, which resulted in his removal from service at the Gramin Bank. The charges included theft of a significant sum from the bank's safe locker, but the petitioner argued that the inquiry was flawed and lacked evidence.
Finding of the Court:
The court found that the disciplinary proceedings were conducted improperly, as there was no common inquiry despite multiple parties being involved. The charges were not substantiated by evidence, and the necessary documentation was not provided.
Issues: Whether the disciplinary action against the petitioner was justified given the lack of evidence and procedural irregularities in the inquiry process.
Ratio Decidendi: The court emphasized that disciplinary proceedings must adhere to established regulations, particularly the requirement for a common inquiry when multiple employees are implicated. The absence of evidence and procedural compliance led to the conclusion that the disciplinary action was unwarranted.
Final Decision: The court allowed the writ petition, quashed the disciplinary and appellate orders, and directed the respondents to reinstate the petitioner with all consequential benefits within four months.
JUDGMENT :
P.B. BAJANTHRI, J.
In the instant writ petition, the petitioner has prayed for the following relief(s):
(ii) For further issuance of an appropriate direction, order or writ in the nature of mandamus commanding the respondents to reinstate the petitioner back in service with all consequential benefits.
(iii) For any other relief or reliefs for which the petitioner may be entitled to in the facts and circumstances of the present case.”
2. On 19.10.2023, the following order was passed:
2. Before appearing in the case, it is bounden duty of the counsel to apprise which are the relevant statutory Rules are applicable and such of those statutory Rules shall be made available to this Court. In not producing relevant regulations under which petitioner was subjected to various action, Respondents are hereby directed to pay cost of Rs. 5,000/-in the Patna High Court Legal Services Committee for causing inconvenience to this Court read with the fact that matter is pending consideration for the last thirteen years.
3. At the request of learned counsel for the respondents re-list this matter on 03.11.2023.”
3. Today, learned counsel for the respondents fairly submitted that none of the witnesses have been cited and examined in support of the alleged charges levelled against the petitioner. In other words, the alleged charges were not proved in the manner known to the law. The alleged charges are as under:
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4. The charge memo dated 29.12.2007 does not contain the list of documents and list of witnesses. There are serious charges levelled against the petitioner to the extent that there were theft of a sum of Rs.15,20,849.35/-from the safe locker of the Respondent-Bank.
5. Safe locker of the Bank was having a double locking system and each key was assigned among two staffs, namely, petitioner and Branch Manager. If there is no break open of safe locker of the Respondent-Bank and each key was assigned to the petitioner and Branch Manager and theft of Rs.15,20,849.35/-has taken place in that event there should have been common enquiry under the service regulation of Uttar Bihar Gramin Bank called “Uttar Bihar Gramin Bank (Officers and Employees) Service Regulations-2008 and Reg
Disciplinary proceedings must follow due process and regulations, including the requirement for a common inquiry when multiple employees are involved, and lack of evidence can invalidate the charges.
Departmental inquiries must be conducted with due adherence to principles of natural justice, requiring actual proof of allegations presented.
The court upheld the disciplinary proceedings and the dismissal of the petitioner from service, finding the impugned orders justified in law.
In a departmental enquiry, fairness in the procedure is a part of the principles of natural justice. Non-disclosure of the list of documents and witnesses, admission of documents without authenticati....
The court emphasized that disciplinary actions must obey principles of natural justice, including evidence for charges and payment of subsistence allowance during suspension; non-compliance voids san....
The main legal point established in the judgment is that the recovery of dues from a retired employee and the continuation of a departmental enquiry after retirement must be in accordance with the ap....
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