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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Managing Director and CEO, Bank of India – Appellant
Versus
Nagendra Sharma Son of Subhash Singh – Respondent
JUDGMENT :
P. B. BAJANTHRI, J.
Heard learned counsels for the respective parties. Letters Patent Appeal No. 310 of 2020 and CWJC No. 3823 of 2024 are heard together with consent of the respective parties.
2. In the instant Letters Patent Appeal No. 310 of 2020, the appellants have prayed for the following relief(s):-
3. In the instant writ petition, i.e., CWJC No. 3823 of 2024, the petitioner has prayed for the following relief(s):-
The court emphasized the necessity of non-discriminatory penalties in disciplinary actions, modifying a dismissal to compulsory retirement due to lack of parity in punishment.
The principle established is that disciplinary penalties must be proportionate to the misconduct, and dismissal is only justified when there is clear evidence of serious wrongdoing, particularly fina....
The Court's limited jurisdiction under Article 226 in interfering with the quantum of punishment and the application of the principle of parity in punishment.
The disciplinary and appellate authorities must consider the petitioner's contentions in the proceedings and address them in their orders to ensure reasoned decisions and application of mind.
Judicial review in disciplinary actions is not an appeal; it ensures fairness and legality without substituting the authority's findings unless they are grossly disproportionate.
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