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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
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 P.S. Case no.341 of 2013 was registered against him on 9.7.2013 for offence under sections 406 and 420 of the INDIAN PENAL CODE . On investigation final form was submitted and the same was accepted by the learned Court below on 24.2.2016. With the acceptance of the final form, the criminal case stood closed. The petitioner was proceeded against in a disciplinary proceeding in terms of Rule
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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