The principles of natural justice mandate that departmental inquiries must provide reasonable opportunity to the employee, and the burden of proof lies with the employer to establish misconduct, following the preponderance of probabilities.

JUDGMENT :

R.T. VACHHANI, J.

By way of the captioned LPA, the appellant – Bank challenges the CAV judgment dated 28.01.2025 passed in the captioned writ petition; whereby the said petition came to be partly allowed upholding the directions issued by the Tribunal in clause No.(i) to (iv) while quashing and setting aside the directions issued in clause (v) of the impugned award dated 12.08.2016 passed by the CGIT-cum-Labour Court, Ahmedabad (for short “Tribunal”) in Reference (CGITA) No. 45 of 2005.

2. For the sake of convenience and brevity, the parties herein, appellant would be referred to as the “Bank” and respondent No.2 as the “employee”.

FACTUAL MATRIX :-

3. Brief facts of the case are that respondent No.2-employee was appointed as an Account Clerk on 01.09.1977 in the Bank of India, Naroda Branch. On 05.03.2002, Mr. Rakesh D. Dogra, an officer working at Naroda Branch, filed a complaint against respondent No. 2-employee before the Manager, Bank of India, Naroda Branch, Ahmedabad, alleging assault and threat to his life. Thereafter, the said complaint was investigated by Mr. A. M. Makim, Staff Officer, on the basis of which the respondent No.2-employee was served with the memorandum on 29.04.2002 so as to offer an explanation regarding misconduct and in consequence thereof, the respondent No.2-employee was served with the charge-sheet containing various charges, as described hereunder:

“Charge: 1 Physically assaulting staff officer Shri Rakesh Dogra and also threatening him to leave Naroda area or else he would be killed.

Charge: -2 Leaving branch premises without intimation/prior permission and when asked about the said, showing indecent behaviour against other Officials of the Branch.”

3.1 Thereafter, a departmental inquiry was initiated against the respondent No.2-employee, and after considering the evidences produced and submissions canvassed by the parties, the Inquiry Officer submitted his report dated 31.07.2002 holding all the charges levelled against the respondent No.2-employee stand proved.

3.2 On the basis of the said report of the Inquiry Officer, the Disciplinary Authority issued a second show cause notice dated 19.08.2002 to respondent No.2-employee, and called upon him to submit his report against the finding arrived at by the Inquiry Officer. However, the respondent No.2-employee, despite being called upon to show-cause and also given a personal hearing, failed to appear. Again the respondent No.2-employee was called to file his reply on 08.11.2002 and on 09.11.2002, but neither the respondent No.2-employee nor his representative appeared. The said exercise proved futile as the respondent No.2-employee failed to remain present, which constrained the Disciplinary Authority vide order dated 11.11.2002 to order for compulsorily retirement of the respondent No.2-employee from the service of the Bank with immediate effect and alongwith superannuation benefits.

3.3 Being aggrieved by the said order of the Disciplinary Authority, the respondent No.2-employee preferred an appeal before the Appellate Authority, who by order dated 19.02.2003 rejected the said appeal and confirmed the punishment of compulsory retirement from the service.

3.4 Thereafter, the respondent No.2-employee raised an industrial dispute by way of filing Reference Case No. 45 of 2005 before the Tribunal challenging the punishment of compulsory retirement imposed by the appellant-Bank. The Tribunal by its order dated 06.03.2013 held that principles of natural justice were not followed and reasonable opportunity was not granted to the respondent No.2-employee and therefore, the inquiry report and findings of the Inquiry Officer dated 31.07.2002 are held to be perverse and quashed.

3.5 Being unsuccessful, the appellant – Bank preferred Special Civil Application No. 8452 of 2013 before this Court