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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Central Bank of India – Appellant
Versus
Jyotirmoy Sardar – Respondent
| Table of Content |
|---|
| 1. challenge to disciplinary order against petitioner. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding procedural fairness and justification of punishment. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's limited scope of interference in disciplinary proceedings. (Para 11 , 12 , 13 , 14 , 16 , 17 , 18 , 19) |
| 4. final order reversing the learned single judge's decision. (Para 20) |
JUDGMENT :
Sujoy Paul, J.
1. The challenge is mounted in this Intra Court appeal of the Bank to the order of learned Single Judge passed in WPA No. 29678 of 2016 decided on 20.09.2023. The learned Single Judge by impugned order interfered in the disciplinary proceedings and modified/reduced the punishment originally imposed on the writ petitioner.
Factual background
2. The necessary facts for adjudication of this matter are that while working as a Branch Manager at Kalighat Branch of respondent/Bank for a period between 08.07.2004 to 12.05.2007, the petitioner was served with a memo dated 31.10.2011 whereby petitioner was asked to submit his explanation within 7 days. In turn, petitioner submitted his explanation to the Bank. The disciplinary authority was not satisfied with petitioner’s explanation and, therefore, t
Disciplinary actions must follow principles of natural justice, and punishment should only be altered if found shockingly disproportionate; lack of proof for a charge does not justify changing penalt....
Disciplinary charges must be clear; prior conduct can be included for context in proceedings. Standards of proof rely on 'preponderance of probability'; violation of natural justice must cause seriou....
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.
The main legal point established in the judgment is the requirement for similarity in charges and proportionality in punishment, as well as the applicability of the Industrial Disputes Act, 1947 in c....
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
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