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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Partha Sarthy
Rakesh Roshan Gupta Son of Raghunath Prasad Gupta – Appellant
Versus
Chairman-cum- Managing Director, State Bank of India – Respondent
| Table of Content |
|---|
| 1. the appellant challenges a disciplinary penalty imposed by the bank. (Para 1 , 2 , 3) |
| 2. arguments regarding inadequacies in procedural adherence in the disciplinary process. (Para 8 , 9 , 10) |
| 3. legal precedent emphasizes the necessity of evidence in disciplinary inquiries. (Para 22 , 24 , 27) |
| 4. the appeal is granted, reinstating the appellant with benefits. (Para 33 , 34) |
JUDGMENT :
PARTHA SARTHY, J.
1. The appellant has filed the instant appeal against the judgment dated 23.2.2024 passed in CWJC no.1323 of 2020, whereby the learned Single Judge was pleased to dismiss the writ application. The appellant had filed the writ application praying for quashing the order of punishment dated 7.6.2019, whereby the punishment of reduction to the post of Award Staff fixing the basic pay as Rs.21,240/- per month was imposed on the appellant with a further order that the period of suspension would be treated not on-duty. The appellant had also prayed for quashing the appellate order dated 20.11.2019.
2. The relevant facts in brief are that while the appellant was posted as the Assistant Branch Manager in the Munger Branch of the State Bank of India, an F.I.R. being Saharsa Sadar
Disciplinary proceedings must be substantiated with oral evidence; reliance solely on documents, without testimonial support, renders findings invalid.
The court emphasized the importance of procedural fairness and parity in disciplinary actions, reducing the punishment from dismissal to withholding increments.
Disciplinary proceedings must be based on independent evidence rather than solely on confessions made during police investigations; absence thereof renders penalties invalid.
Distinct allegations against employee charged in the same transaction would be justified being based on a valid classification and no perversity or arbitrariness can be alleged in the process.
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.
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....
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