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IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, BISWAROOP CHOWDHURY
Bank of Baroda – Appellant
Versus
Ankur Saha Union of India – Respondent
| Table of Content |
|---|
| 1. background of petitioner's employment and disciplinary action. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. court's analysis of natural justice and procedural fairness. (Para 8 , 9 , 13 , 18 , 19 , 21 , 22 , 23 , 24 , 26 , 28 , 30 , 32 , 34) |
| 3. arguments against the disciplinary authority's findings. (Para 10 , 11 , 12 , 14 , 15 , 17) |
| 4. clarification on unauthorized absence and proper procedure. (Para 29 , 31 , 36 , 37) |
JUDGMENT :
Biswaroop Chowdhury, J.
The Appellant before the Court is a respondent in a Writ Petition and is aggrieved by the Order dated 7th October 2024, passed in WPA-379 of 2024 by a Learned Single Judge of this Court.
2. The respondent no-1/writ petitioner filed Writ Petition being WPA. 379 of 2024 challenging the order of removal from service dated 19-11-2022, including the memorandum, the articles of charge, the findings of the Inquiry Officer decision of the Disciplinary Authority and Appellate Authority.
3. The contention of the Writ Petitioner before the Learned Trial Judge was that the writ Petitioner joined the Bank of Baroda in the year 2011, in the MM.2 scale in Branch operations. After successfully completing tenure of around 10 years of uninterrupt
Principles of natural justice must be adhered to in disciplinary proceedings, and authorization of absence cannot be deemed misconduct if due to unavoidable circumstances, necessitating fair treatmen....
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The importance of following prescribed procedures and principles of natural justice in disciplinary proceedings.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
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