Back
IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Satchidananda Mukhopadhyay – Appellant
Versus
Durgapur Steel People’s Co-operative Bank Ltd – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
Prelude :
1. In invoking the extraordinary jurisdiction of this Court, the petitioner, through the present writ petition, challenges the propriety and justifiability of the disciplinary proceedings initiated against him, including the charge-sheet dated 23rd January 2010, the Enquiry Report communicated to him via a memo dated 28th December 2010, and the final order of dismissal from service. The petitioner also seeks the quashing of these documents and prays for the issuance of a writ of mandamus, commanding his reinstatement to the position from which he was dismissed.
Facts
2. Before addressing the contentious issue involved in the writ petition, the key facts emerging from the pleadings of the parties and the documents relied on by them that need to be adumbrated.
Contents of writ petition:
i) While serving as Assistant Grade-II (Deposit) in the Durgapur Steel People's Co-operative Bank Limited (hereinafter referred to as 'the Bank'), the petitioner was served with a charge-sheet dated 23rd January, 2010 by the Chief Executive of the Bank. The charge-sheet contained two articles of charge, which are as follows:
a) On June 24, 2009, the specimen
Unintentional mistakes by employees do not constitute misconduct if they lack malice and do not result in financial loss, emphasizing the necessity of proportionality in disciplinary action.
Disciplinary proceedings must adhere to principles of natural justice, including the right to inspect documents and a fair opportunity to defend against charges.
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....
The court confirmed that disciplinary authorities possess broad discretion in imposing penalties, which cannot be interfered with unless shown to be arbitrary, perverse, or in breach of natural justi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
