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NARENDRA KUMAR VYAS
Umeshwar Dubey, S/o. Late Shri Vishwanath Dubey – Appellant
Versus
Chhattisgarh Rajya Gramin Bank Corporate Office, Nava Raipur, Chhattisgarh – Respondent
ORDER :
1. The petitioner has filed this writ petition assailing the order dated 11.09.2023 passed by the Appellate Authority by which the order passed by the disciplinary authority dated 04.04.2005 has been modified to the extent that recovery to the tune of Rs. 5,90,000/- and stoppage of 5 increments with cumulative effect have been set aside, however, the Appellate Authority has affirmed dismissal from service w.e.f. 04.04.2005 passed by the Disciplinary Authority.
2. The brief facts as reflected from the record are that the petitioner was the then Branch Manager of the Sarguja Kshetriya Bank (Now Chhattisgarh Gramin Bank) and in the intervening night of 29/30.06.2001, incident of theft of Rs. 5,90,000/- has taken place in the Kelhari Branch of the respondent Bank. As such, the petitioner was charge-sheeted on 09.11.2001 and following charges were levelled against the petitioner :-
3. The service condition of the employees and officers of the Bank are governed by the Sarguja Kshetriya Gramin Bank Adhikari Aum Karmchari Seva Vinium, 2000 (in short ‘the Regulation of 2000’). The Regulation of 2000 has been framed by the Bank under Section 30 of the Regional Rural Bank Act, 1976 by
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
Acquittal in criminal proceedings does not bar disciplinary action; reopening of inquiry is valid if based on new findings.
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
The court emphasized that a departmental inquiry must be conducted fairly and impartially, and findings cannot stand if the inquiry officer is biased or involved as a witness.
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