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SANJAY KUMAR MEDHI
Dharani Deori, S/o. Lt. Batiram Deori – Appellant
Versus
Assam Gramin Vikash Bank, rep. By Its Chairman – Respondent
JUDGMENT :
1. Heard Shri PP Dutta, learned counsel for the petitioner. Also heard Shri S Dutta, learned Senior Counsel assisted by Shri K Upamanyu, learned counsel for the respondent-Bank.
2. The subject matter of dispute in this writ petition is a departmental proceeding which has culminated in an order of imposition of penalty of Compulsory Retirement. The departmental appeal preferred by the petitioner was also rejected.
3. Before going to the issue which has arisen for adjudication, the facts in brief may be narrated as follows.
4. The petitioner had joined the services of the erstwhile Pragjyotish Gaonlia Bank in the year 1990 as an Officer Scale-I. The said Bank was subsequently amalgamated with three other rural Banks and emerged as the Assam Gramin Vikash Bank. While in service, on 21.02.2009, a charge memo was served to the petitioner containing five numbers of charges, including the charge of illegal drawl of customers' money. The petitioner, however, in his written statement of defence dated 08.05.2009 did not deny the allegations and had, rather undertaken to make good the loss. The matter was proceeded and an inquiry was instituted. The Inquiry Officer had submitted a rep
Court's role of judicial review in matters of Disciplinary Proceeding is circumscribed and unless a case is made out of patent illegality or gross perversity, Court would be loath to interfere with s....
(1) Merely because a show cause notice is issued by indicating proposed punishment it cannot be said that disciplinary authority has taken a decision.(2) If an officer/employee of bank is allowed to ....
The appointment of an Inquiry Officer in the same scale does not necessarily vitiate the inquiry if no prejudice or injustice is demonstrated by the petitioner.
The main legal point established in the judgment is the court's reliance on the findings of the enquiry officer, the interpretation of the petitioner's role as a whistleblower, and the consideration ....
The court established that an employee must be given a chance to respond to an enquiry officer's findings before a disciplinary authority makes a decision, as a matter of natural justice.
The court emphasized that judgments on penalties in disciplinary proceedings should respect the discretion of the disciplinary authority unless they are shockingly disproportionate.
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