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RAJA BASU CHOWDHURY
Manash Sen Chowdhury – Appellant
Versus
Bank of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The present writ petition has been filed challenging the charge-sheet dated 9th July, 2007, the enquiry proceeding, inter alia, including the order of compulsory retirement dated 12th/19th February, 2008.
2. The petitioner was posted as Staff Accounts Clerk in the Bank of India (hereinafter referred to as the said Bank) at South Suburbs Branch, Kolkata. In course of his employment, he was served with an order of suspension dated 22nd December, 2006. The same was followed by a memorandum-cum-show-cause notice dated 19th January, 2007. The petitioner had responded to the said memorandum by his communication dated 5th April, 2007 denying all material allegations therein. Subsequently, by an office order dated 9th July, 2007, the respondent No. 4 as the disciplinary authority of the petitioner ordered a departmental enquiry against the petitioner for his gross misconduct and simultaneously forwarded the petitioner with the charge-sheet dated 9th July, 2007, list of documents, along with copy of documents and list of witnesses. Subsequently an enquiry officer was appointed to enquire into the charges leveled against the petitioner. After the enquiry wa
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.
Disciplinary proceedings must adhere to principles of natural justice, providing adequate opportunity for defense, especially when an employee is facing serious charges and imminent retirement.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
Disciplinary proceedings require clear communication of specific charges and independent consideration of a respondent's objections to uphold principles of natural justice.
Disciplinary proceedings against bank employees must adhere to established regulations, and decisions upheld by the appellate authority are not subject to re-evaluation by the High Court unless deeme....
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.
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