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PURNENDU SINGH
Siyaram Sinha – Appellant
Versus
Central Bank of India – Respondent
Purnendu Singh, J.—Heard Mr. Narendra Kumar Sharma, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar Sinha, learned Senior Advocate along with Mr. Ajit Kumar, Ms. Dilkash Khan and Mr. Pravin Kumar, learned counsels for the respondents.
2. Petitioner has inter alia prayed for following reliefs in the paragraph No.1 of the writ petition:—
(I) For issuance of an appropriate writ, order or direction including a writ in the nature of Mandamus for making declaration of the Inquiry Report as perverse and also for quashing the aforesaid Inquiry Report.
(ii) For issuance of an appropriate writ, order or direction in the nature of Certiorari for quashing the findings and final order of the Disciplinary Authority, P.C. Sinha, Regional Manager, Patna in the matter of Departmental Proceeding against the petitioner, Assistant Manager, Branch Office, Boring Road, Patna previously posted at Patliputra Colony Branch, pursuant to Charge Sheet No.PRO/DAW/05- 06/69 dated 24.3.06. whereby and whereunder the petitioner has been given the following punishment:-
“Reduction of two stages in time scale of pay for a period of two years, with further direction that the C.S.O. will not earn
Disciplinary actions must adhere to principles of natural justice, and failure to provide relevant evidence undermines the validity of proceedings.
An employer can impose only one penalty under Regulation 84, and the burden of proof lies with the employer in disciplinary proceedings.
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
The court affirmed that an employee can be suspended pending inquiry for serious misconduct, even if the inquiry has not yet commenced.
Point of law: Admittedly no specific charges were leveled against the petitioner by means of charge-sheet on which the inquiry officer has given that findings, therefore, to that extent such findings....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Disciplinary proceedings must adhere to principles of natural justice, including the right to inspect documents and a fair opportunity to defend against charges.
The main legal point established in the judgment is the requirement for compliance with the principles of natural justice in administrative proceedings, particularly in matters involving major punish....
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