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IN THE HIGH COURT OF JUDICATURE AT PATNA
Anshuman, J.
Jai Prakash Singh S/o late Radha Raman Singh - Petitioner
Versus
The Chairman, Uttar Bihar Gramin Bank, Muzaffarpur and ors. – Respondents
Civil Writ Jurisdiction Case No.3982 of 2018
Decided On : 29-04-2024
DISCIPLINARY ACTION - EMPLOYMENT TERMINATION - Uttar Bihar Gramin Bank (Officers & Employees) Service Regulation, 2010, Regulation 39(1)(b)(v), Regulation 48 - The court discussed the Uttar Bihar Gramin Bank (Officers & Employees) Service Regulation, 2010, particularly Regulations 39 and 48, which govern disciplinary actions and consequences of dismissal. The court interpreted these provisions to affirm the disciplinary authority's decision, emphasizing that the petitioner was afforded due process during the inquiry and that the findings were supported by substantial evidence. The court concluded that the disciplinary actions were justified and within the regulatory framework.
Fact of the Case:
The petitioner, a long-serving employee of Uttar Bihar Gramin Bank, was dismissed from service following a departmental inquiry that found him guilty of multiple charges related to misconduct during his tenure as Branch Manager. The dismissal was based on the findings of the inquiry officer and was upheld by the appellate authority.
Finding of the Court:
The court found that the disciplinary proceedings were conducted fairly, with the petitioner given adequate opportunity to defend himself. The court held that the inquiry officer's findings were supported by evidence and that the disciplinary authority acted within its regulatory powers in dismissing the petitioner.
Issues: Whether the disciplinary proceedings were conducted in violation of natural justice and whether the punishment of dismissal was disproportionate to the alleged misconduct.
Ratio Decidendi: The court emphasized that the scope of judicial review in disciplinary matters is limited to procedural fairness and not the merits of the decision. It upheld the disciplinary authority's findings, stating that the inquiry was thorough and complied with the principles of natural justice.
Final Decision: The writ petition was dismissed, affirming the dismissal of the petitioner from service as justified under the applicable regulations.
JUDGMENT :
Anshuman, J.
Heard learned Senior Counsel for the petitioner and learned counsel for the respondent-Bank.
2. The present writ petition has been filed with following reliefs:-
(ii) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing the order contained in letter no. HO/DAD//10/17-18/ No.163 dated 17-07-2017 (Annexure-7A) issued under the signature of Disciplinary Authority, whereby the petitioner has been subjected to consolidated punishment of "Dismissal, which shall ordinarily be a disqualification for future employment in terms of regulation 39 (1) (b) (v) of Uttar Bihar Gramin Bank (Officers & Employees) Service Regulation, 2010" read with Uttar Bihar Gramin Bank Service (Amendment) Regulation, 2013 (hereinafter referred to as "Regulations" only).
Further, in terms of Regulation-48 of Uttar Bihar Gramin Bank (Officers & Employees) Service Regulation, 2010" read with Uttar Bihar Gramin Bank Service (Amendment) Regulation, 2013, Sri Jaiprakash Singh shall not be paid salary/pay and allowances for the period he remained under suspension that what it already paid to him as subsistence allowance.
(iii) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing of the administrative order contained in letter no. HO/DAD//10/17-18/ No.163 dated 17-07-2017 issued under the signature of Disciplinary Authority, whereby the petitioner has been subjected to consolidated punishment of "Dismissal, which shall ordinarily be a disqualification for future employment in terms of regulation 39 (1) (b) (v) of Uttar Bihar Gramin Bank (Officers & Employees) Service Regulation, 2010" read with Uttar Bihar Gramin Bank Service (Amendment) Regulation, 2013 (hereinafter referred to as "Regulations" only).
Further, in terms of Regulation-48 of Uttar Bihar Gramin Bank (Officers & Employees) Service Regulation, 2010" read with Uttar Bihar Gramin Bank Service (Amendment) Regulation, 2013, Sri Jaiprakash Singh shall not be paid salary/pay and allowances for the period he remained under suspension that what it already paid to him as subsistence allowance.
(iv) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing of the order dated 31-10-2017 contained in letter No. HO/DAD/10/17-18/ No.320 (Annexure-9) passed by the Appellate authority, Uttar Bihar Gramin Bank, Muzaffarpur, whereby the appeal preferred by the petitioner against the order of the disciplinary authority, has been rejected by the Appellate authority of the Bank.
(v) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondents to re instate the petitioner with all consequential benefits.
(vi) For issuance of any other appropriate writ or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.
3. Learned Senior Counsel for the petitioner submits that petitioner was appointed as Office Assistant in the Uttar Bihar Gramin Bank in the year 1979. He was promoted to the post of Officer Scale-I on 20.02.1989 and further promoted on the Officer Scale-II on 01.10.2014. It has been submitted by the counsel for the petitioner that when he was posted as Officer Scale-II at Regional Office, Gopalganj, he was put under suspension by the Head Office vide letter No.194 dated 16.07.2016 for allegedly committing fraudulent act while working as Branch Manager, Khorampur Branch. It has been mentioned that the petitioner has served as Branch Manager Khorampur Branc
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