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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
Headnote: Read headnote
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
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....
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.
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
The court emphasized the bank's loss of confidence in the appellant and upheld the punishment of compulsory retirement, citing the appellant's failure to follow banking procedures and exercise honest....
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....
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