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SANDEEP MEHTA, DEVASHIS BARUAH
Jagadish Chandra, S/o. Lt. Daya Ram Brahma – Appellant
Versus
UCO Bank, rep. By Its Chairman And Managing Director – Respondent
JUDGMENT :
(D. Baruah, J.)
Heard Mr. N. Nath, the learned counsel for the appellant and Mr. M. Sharma, the learned counsel appearing on behalf of the respondent Nos.1 to 4.
2. The instant appeal is directed against the judgment and order dated 24.11.2022 passed by the learned Single Judge in WP(C) No.4982/2018 whereby the writ petition was partly allowed.
3. In order to decide the legality of the impugned judgment and order, this Court finds it relevant to take note of the brief facts leading to the filing of the instant appeal.
4. It appears from the materials on record that the appellant herein initially joined the Respondent Bank as Clerk on 24.04.1989. The appellant was granted promotion to Scale-I, thereafter to Scale-II and subsequently to Scale-III in the year 2006, 2009 & 2013 respectively. At the time of promotion to Scale-III on 06.08.2013, the appellant was posted as the Senior Manager at the Kokrajhar Branch of the Respondent Bank.
5. On 01.08.2015, the appellant was placed under suspension. Subsequent thereto, on 08.10.2015, a show cause notice was issued by the Zonal Manager of the Respondent Bank (the Disciplinary Authority) thereby alleging that the appellant had acted i
Regulation 6 (2) of Regulation of 1976 stipulates that it is either Disciplinary Authority who could enquire into truth of any imputation of misconduct or misbehaviour against an officer employee or ....
Point of law : Under Rule 66(i) of the Rules of Conduct, if the Bank Management is satisfied that an employee is guilty of misconduct and the same requires initiation of disciplinary action, the deci....
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....
The disciplinary authority must provide cogent reasons for ordering a de novo inquiry; failure in this regard vitiates subsequent penalties, while waiver through participation in inquiry bars later c....
The court ruled that failure to follow prescribed disciplinary procedures invalidates termination, emphasizing the necessity of fair process in disciplinary actions.
The main legal point established in the judgment is that the recovery of dues from a retired employee and the continuation of a departmental enquiry after retirement must be in accordance with the ap....
The court emphasized that it would not sit in appeal over the findings of the Departmental Authority and would not re-appreciate the evidence which has come before the Departmental Authority. The cou....
The Assistant General Manager is a competent Disciplinary Authority under the Dena Bank Regulations, and the dismissal was justified based on the inquiry findings.
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