Back
SATISH CHANDRA SHARMA, SANJEEV NARULA
Dhara Singh Ex Clerk of Andhra Bank – Appellant
Versus
Union Bank of India – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. (Oral)
1. The present appeal is arising out of an judgment dated 08.05.2023 passed by the learned Single Judge in W.P.(C.) No. 12285/2009 titled Dhara Singh Vs. Union Bank of India, dismissing the writ petition preferred by the appellant against the order dated 22.11.2008 by which the penalty of compulsory retirement has been inflicted upon the appellant, as well as the order dated 22.04.2009 by which the appeal of the appellant before the Appellate Authority was also dismissed.
2. The undisputed facts of the case reveal that the appellant before this Court was an employee serving in Andhra Bank. He was subjected to disciplinary proceedings under the By-partite settlement dated 10.04.2002 (Disciplinary Regulations).
3. The facts also reveal that the Andhra Bank was amalgamated with Union Bank of India with effect from 01.04.2022.
4. The appellant at the relevant point of time was working as a clerk at R. K. Puram Branch of the erstwhile Andhra Bank and was in charge of receiving cash deposit from the customers at the cash counter.
5. On 10.04.2007, Sh. Parminder Singh - a customer who was holding Account No. 11046, deposited a sum of Rs. 5,0
Bank employees are required to maintain absolute integrity and uprightness in dealing with customer funds, and any misconduct in handling public money must be dealt with firmly.
The court emphasized the limited scope of judicial interference in disciplinary proceedings, the need for evidence to support findings, and the importance of following prescribed procedures and rules....
The standard of proof in disciplinary proceedings is based on preponderance of probabilities, and the court does not reappraise evidence unless there is a violation of natural justice.
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
Under Article 226/227 of the Constitution of India, the High Court shall not re-appreciate the evidence, interfere with the conclusions in the enquiry, in case the same has been conducted in accordan....
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....
(1) Dismissal--Standard of proof required in criminal proceedings being different from standard of proof required in departmental enquiries, same charges and evidence may lead to different results in....
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
