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SANJAY KUMAR MEDHI
Dehi Ram Baruah, S/o. Late Ganti Ram Baruah – Appellant
Versus
UCO Bank – Respondent
Headnote: Read headnote
JUDGMENT :
The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is being sought to be invoked by means of this writ petition whereby the petitioner has put to challenge an order of penalty of Compulsory Retirement which has also been upheld by the Appellate Authority. The petitioner was an officer of the UCO Bank and the aforesaid penalty has been imposed after a Departmental Proceeding.
2. According to the projection made by the petitioner, he was working as a Clerk-cum-Cashier in the Mukalmua Branch of the UCO Bank against whom a Departmental Proceeding (DP) was initiated vide issuance of a charge sheet in the year 2004 which included two number of charges. In the said proceeding, the petitioner was found guilty in respect of one charge which was followed by an order of dismissal. The said order of dismissal was also confirmed by the Appellate Authority in the departmental appeal preferred by the petitioner.
3. The aforesaid actions were the subject matter of WP(C)/11
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....
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
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 ....
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