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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
In The Matter of : Apurba Kanchan Dev Roy – Appellant
Versus
State Bank of India – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. The petitioner was an employee of respondent bank who after 37 years of service has retired from the service on superannuation in the year 2018. The petitioner has challenged an order of disciplinary proceeding initiated by the respondent bank against him. Wherein he was imposed punishment by the order of the disciplinary-cum appointing authority.
2. The grounds for challenging the order of disciplinary authority as well as the appellate authority. In this writ petition is manly two fold--
3. Firstly, the order of disciplinary authority is perfunctory, purposive and in violation of the natural justice. Secondly, the award of punishment is disproportionate.
4. Learned counsel, appearing on behalf of the petitioner submits that the bank has failed to prove any of the charges, instead the bank has imposed a major punishment. He further argued that the punishment is not proportionate to the alleged charge against the present petitioner. He further argued that the Bank’s manual is very clear about the charges and and required punishment. In this case no direct allegation were proved against the present petitioner but only on the basis of complicity the pres
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.
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 emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
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....
Judicial review in departmental proceedings is limited to ensuring procedural fairness, not evaluating the merits of evidence. The disciplinary authority's conclusions, supported by some evidence, ar....
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