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SANJAY KUMAR MEDHI
RAJA GOPAL DHAR, S/O. SHRI BIMAL BHUSHAN DHAR – Appellant
Versus
STATE BANK OF INDIA, REP. BY ITS CHIEF GENERAL MANAGER – Respondent
JUDGMENT :
(SANJAY KUMAR MEDHI, J.) :
The instant petition has been instituted under Article 226 of the Constitution of India challenging an order dated 30.08.2013 passed by the Appellate Authority of the respondent-State Bank of India whereby the penalty of “Reduction to lower stage in the time scale of pay by one stage for one year, with further directions that the officer will not earn increments to pay during the period of such reduction and on the expiry of such period, the reduction will not have the effect of postponing the future increments of his pay” has been imposed. The initial penalty imposed by the disciplinary authority on 25.03.2013 was slightly modified by the Appellate Authority vide the aforesaid order dated 30.08.2013. The challenge is based on the aspect that there was no substantial charge against the petitioner and there was no evidence at all to implicate him with the charges.
2. As per the facts projected, the petitioner, at that point of time, was serving as the Assistant Manager of the respondent-Bank and was posted at the SBI, Titabor Branch. While in service, a show cause notice was issued to him on 21.06.2012 with 4 nos. of charges. The petitioner replie
Disciplinary penalties must be substantiated by evidence and proportionate to the nature of the charges; trivial charges should not lead to severe penalties.
The court ruled that a major penalty procedure cannot be converted into a minor penalty procedure without explicit regulatory provisions, but found no prejudice in the minor penalty imposed.
The main legal point established is that in disciplinary proceedings, the court's jurisdiction is limited to enquiring whether there is any evidence in support of the impugned conclusion and ensuring....
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