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PARTHA SARTHY
Nageshwar Chaudhary – Appellant
Versus
State Bank of Bikaner and Jaipur – Respondent
Partha Sarthy, J.—Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant writ application for setting aside the order of punishment contained in the letter dated 25.10.2010 issued by the Disciplinary Authority-cum- Chief General Manager, State Bank of Bikaner and Jaipur, Main Branch, Jaipur, as also for setting aside the order dated 22.12.2012 passed by the Appellate Authority-cum-Managing Director, SBBJ, Jaipur, whereby the appeal preferred by the petitioner was dismissed.
3. The case of the petitioner, in brief, is that he was posted as Clerk-cum-Cashier from April 1994 to 23.07.2001 in the RBlock Branch, Patna of the State Bank of Bikaner and Jaipur (hereinafter referred to as ‘the Bank’). An FIR was lodged being Sachivalay P.S. Case No. 101 of 2008 by the Branch Manager against the account holder of Account No. 01190020210 ie Apoorva Mukherjee, and the then Branch Manager when the account was opened.
4. As per allegations in the FIR one Ranjana Mishra had approached the Branch with a Special Term Deposit receipt having a maturity value of Rs. 50,309/-, requesting for payment of the maturity amount through the newly
The court held that disciplinary authority's punishment must be proportionate to the misconduct, and failure to adhere to natural justice principles can warrant judicial intervention.
Punishment in disciplinary proceedings must adhere to principles of natural justice and be proportionate to the misconduct; excessive punishment may warrant judicial intervention.
The court ruled on the necessity of proportionality in disciplinary action, emphasizing that harsh penalties must be justified and aligned with the seriousness of the misconduct.
The court upheld the dismissal of the petitioner for gross misconduct, affirming that disciplinary authorities' findings are not to be interfered with unless perverse or illegal.
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