IMPORTANT POINT
The court established that a disciplinary authority's findings based on evidence cannot be overturned by a writ court unless there is a clear violation of principles of natural justice.

JUDGMENT :

(Debangsu Basak, J.) :

1. Appeal is at the behest of the employer and directed against the judgment and order dated November 27, 2017 passed in W.P. 21196 (W) of 2017.

2. Learned Senior Advocate appearing for the appellant submits that, a selection process for engagement of safai Karmachari/office staff was initiated by an office order dated August 14, 2012, in which, the private respondent/writ petitioner participated. He points out to one of the eligibility criteria prescribed in such selection process which is educational qualification of Class-VIII pass. He submits that, the private respondent applied as a Class VIII pass candidate and submitted documents in support of such claim. The application for appointment by the private respondent was processed. She was issued a provisional appointment by a letter dated February 1, 2013. He refers to Clause 8 of such letter and submits that, such appointment was subject to termination if it revealed that, any information/particulars furnished by the private respondent to the Bank in the application for securing appointment was materially incorrect or false.

3. Learned Senior Advocate appearing for the appellant submits that, in the selection process, private respondent submitted a transfer certificate to establish that she passed Class-VIII. Such transfer certificate was verified at the instance of the Bank. Bank learnt that, the private respondent was not a student of the Madrasah at which, she claims she studied, through the transfer certificate. Consequently, a disciplinary proceeding was initiated as against the private respondent.

4. Learned Senior Advocate appearing for the appellant draws the attention of the Court to the transfer certificate, the noting on such transfer certificate, attendance register of the concerned Madrasah as also other documents with regard to the so-called educational qualification of the private respondent. He submits that, the Teacher-in-Charge of the concerned Madrasah was added as a party respondent in the writ petition filed at the behest of the private respondent. He draws the attention of the Court to the averments made by the Teacher-in-Charge of such Madrasah in the affidavit-in-opposition filed in the writ petition. He submits that, the fact that the transfer certificate was forged, stood corroborated by the Teacher-in-Charge in the affidavit filed by him in the writ petition.

5. Learned Senior Advocate appearing for the appellant submits that, the original attendance register was produced in Court pursuant to the order dated July 10, 2024 passed by this Court. Such attendance register was inspected in Court. He points out that, on such inspection also it was found that, name of the private respondent was entered as serial no.51. Thereafter, next page also started with serial no.51 with another candidate being named therein. He submits that, the attendance register itself showed that, the handwriting and the ink used were different in relation to the other names written in the attendance register up to serial no.50 and from the second serial no.51 onwards.

6. Learned Senior Advocate appearing for the appellant submits that, learned Single Judge, converted itself to a Court of appeal, reappraised the evidence led in the enquiry proceeding and substituted its own findings with regard to the charge leveled in the disciplinary proceedings. He submits that, a Writ Court cannot convert itself to a Court of appeal, reappreciate the evidence and arrive at a different conclusion. He contends that, findings returned in the enquiry as well as disciplinary proceedings are plausible, based on sufficient evidence and should not be altered by a Writ Court.

7. Learned Senior Advocate appearing for the appellant submits that, learned Single Judge erred in setting aside the order passed in the disciplinary proceeding as also quashing the entire disciplinary proceeding by the impugned judgment and order.

8. Learned advocate appearing for the private