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RAJA BASU CHOWDHURY
Pradip Kumar Ganguly – Appellant
Versus
Reserve Bank of India – Respondent
JUDGMENT :
(Raja Basu Chowdhury, J.) :
1. The present writ application has been filed, inter alia, challenging the charge-sheet dated 31st May, 2011/1st June of 2011, the Enquiry Officer’s report dated 20th March, 2012, the final order of the Disciplinary Authority dated 3rd August, 2012 and the order passed by the Appellate Authority dated 18th September, 2012.
2. The petitioner had been employed as Special Assistant, Issue Department (Cash), Reserve Bank of India, Kolkata vide employment no. 01536, and had taken a loan of Rs.1,30,000/-from the Bally Co-operative Bank Ltd., out of which a sum of Rs.80,000/-had been repaid. On 25th June, 2004, the petitioner claims to have requested the Manager of the Bally Co-operative Bank to provide him with the statement of accounts, in respect of the Loan Account, unfortunately such statement was not supplied to the petitioner.
3. While in service on 9th October, 2007, a charge-sheet was issued on the petitioner which is at page 48 of the writ application, inter alia, on the ground of the petitioner having committed breach of Regulation 47(1) of the Reserve Bank of India (Staff) Regulations, 1948 (hereinafter referred to as the “said Regulation
A person cannot be prosecuted or punished for the same offence more than once.
The importance of integrity and honesty in the banking sector, the purpose of a disciplinary proceeding by an employer, and the compliance with the rules of natural justice in disciplinary enquiries.
The court established that an employee must be given a chance to respond to an enquiry officer's findings before a disciplinary authority makes a decision, as a matter of natural justice.
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.
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