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DELHI HIGH COURT
PRATHIBA M.SINGH
Chief Manager Punjab and Sind Bank – Appellant
Versus
Paramjit Singh Nanda – Respondent
| Table of Content |
|---|
| 1. challenge to compulsory retirement award. (Para 2 , 3) |
| 2. allegations of forgery and misconduct. (Para 4 , 5 , 6) |
| 3. nature of the industrial dispute. (Para 10 , 11) |
| 4. fir highlights victimization claims. (Para 12 , 14) |
| 5. evidence against the workman. (Para 20 , 22) |
| 6. conclusion on workman's misconduct. (Para 30 , 31) |
| 7. grave misconduct determined. (Para 32 , 33 , 34) |
| 8. final determination of disciplinary action. (Para 35 , 36 , 39) |
JUDGMENT
Prathiba M. Singh, J. This hearing has been done through video conferencing.
2. The present petition has been filed challenging the Award dated 9th October, 2019 passed by the Central Government Industrial Tribunal cum Labour Court No.2, New Delhi (hereinafter "CGIT") in ID No.11/2008 titled Shri Paramjit Singh Nanda v. The Chief Manager, Punjab and Sind Bank. By the impugned Award, the CGIT held that the punishment of compulsory retirement imposed on the Respondent/Workman (hereinafter "Workman") was unjustified, unwarranted, and accordingly set aside the same. The Workman was held to be deemed in service with effect from 1st January, 2007 till 30th September, 2017. The Workman was also held to be entitled to 80% back wages.
A bank employee's misconduct, including forgery of documents, justifies severe penalties such as compulsory retirement to maintain integrity in financial institutions.
It is true that strict rules of evidence are not applicable to departmental enquiry proceedings. However, the only requirement of law is that the allegation against the delinquent must be established....
Point of Law : It is true that strict rules of evidence are not applicable to departmental enquiry proceedings. However, the only requirement of law is that the allegation against the delinquent must....
The employer failed to prove misconduct in disciplinary proceedings, thus affirming the Labour Court’s ruling on insufficient evidence and breach of natural justice.
(1) A Bank employee is expected to maintain high degree of personal integrity in discharge of his duty.(2) There are certain inherent legal limitations to scrutiny of an award of a Tribunal by High C....
The court upheld the requirement for stringent standards of integrity in banking, stressing the burden on management to prove misconduct, which was not met, leading to reinstatement with back wages.
Gross misconduct” has been resorted to by the acts or omissions on the part of the appellant and the punishment of “Compulsory Retirement” imposed by the bank authority is not disproportionate.
Admissions obtained under duress cannot solely establish guilt in disciplinary proceedings; the principles of natural justice must be adhered to for fair outcomes.
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