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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Bank of Baroda (Erstwhile Dena Bank) – Appellant
Versus
Goutam Roy – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appeal is at the behest of the employer and is directed against the judgment and order dated November 24, 2023 passed in WPA 1809 of 2013. By the impugned judgment and order learned Single Judge allowed the writ petition, set aside the order of the Disciplinary Authority on the ground that the Disciplinary Authority acted without jurisdiction in passing the order of termination from services in respect of the private respondent.
2. Learned advocate appearing for the appellants submits that, a disciplinary proceeding was initiated as against the private respondent on the basis of the prima facie satisfaction that an inquiry into the misdeeds of the private respondent were required to be undertaken. He submits that, the service conditions of the private respondent is governed by the provisions of Dena Bank Officer Employees (Discipline and Appeal) Regulations, 1976 (Regulations of 1976). He submits that, the initial satisfaction of the Authority to initiate an inquiry as against the private respondent was admittedly done by an Authority prescribed by the Regulations of 1976. An inquiry was held whereupon, the charges levelled as against the private respo
The Assistant General Manager is a competent Disciplinary Authority under the Dena Bank Regulations, and the dismissal was justified based on the inquiry findings.
Point of law : Under Rule 66(i) of the Rules of Conduct, if the Bank Management is satisfied that an employee is guilty of misconduct and the same requires initiation of disciplinary action, the deci....
The amendment of the Service Regulations, 2010, resulted in the General Manager becoming the competent authority in respect of Scale-II Officers, and the Chairman, who issued the charge sheet, could ....
Regulation 6 (2) of Regulation of 1976 stipulates that it is either Disciplinary Authority who could enquire into truth of any imputation of misconduct or misbehaviour against an officer employee or ....
In disciplinary proceedings, the authority imposing penalties must adhere to procedural fairness, including providing reasons for differing from an inquiry officer's findings and allowing the employe....
The disciplinary authority must independently assess penalties without undue influence from external advice, ensuring adherence to principles of natural justice.
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