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SANJAY KUMAR MEDHI
On The Death of Anirban Roy His Legal Heirs – Appellant
Versus
State Bank of India Rep. by The Chairman and Managing Director – Respondent
JUDGMENT :
Heard Dr. GJ Sharma, learned counsel for the petitioners whereas the respondents-State Bank of India is represented by Shri B Buragohain, learned counsel.
2. The challenge in this writ petition is towards a disciplinary proceeding initiated vide a Charge Sheet dated 14.12.2012, the Inquiry Report dated 24.12.2015, penalty order of removal from service with forfeiture of gratuity dated 16.05.2016 and the rejection of the appeal vide order dated 02.12.2016. The challenge is structured both on the merits of the allegations as well as procedural irregularities and infirmities.
3. Before proceeding, this Court has been informed that during the pendency of this writ petition, the original petitioner no.1-delinquent has expired on 05.11.2023 and he was duly substituted by his legal heirs/present petitioners, who are his son and wife.
4. The present case has a chequered history, including history of litigation. The original petitioner no. 1 was serving as an Assistant Manager (Accounts) in the Koupati Branch of the respondent-Bank when a disciplinary proceeding was initiated against him vide a Charge Sheet dated 14.12.2012. On completion of the inquiry, a second show cause notice wa
Disciplinary proceedings must adhere to principles of natural justice, including the right to inspect documents and a fair opportunity to defend against charges.
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
Disciplinary authority must provide specific reasons in second show cause notice when disagreeing with enquiry officer's exoneration; absence violates natural justice. Entire gratuity withholdable pe....
Disciplinary proceedings were upheld as valid; delay and procedural flaws were insufficient to overturn dismissal for misconduct.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
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