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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Shyama Prasad Bhattacharjee Son Of Late Rakesh Chandra Bhattacharjee – Appellant
Versus
United Bank Of India – Respondent
JUDGMENT :
An Order of penalty of reduction in Basic Pay by three stages without cumulative effect, dated 19.05.2017, which was communicated to the petitioner on 23.05.2017 is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India.
2. There is a checkered history involved in this case.
3. The petitioner was serving as a Scale-IV Officer in the United Bank of India and he had retired from service on 30.09.1999. Just two days prior to his retirement, a charge-memo was issued to him on 28.09.1999 whereby certain charges were levelled against him and on his denial, an enquiry was held which culminated in an order of penalty dated 22.02.2002, whereby, the penalty of reduction of pay scale by six stages was imposed. The aforesaid penalty, which was a major penalty under the United Bank of India Officer Employees’ (Discipline and Appeal) Regulation, 1976 (hereinafter the Regulations) was the subject matter of challenge in a writ petition, WP(C) No. 6482 of 2006. The said writ petition was allowed by this Court vide judgment dated 22.05.2014 and the penalty was set aside. However, a liberty was granted to t
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 stoppage of increments with cumulative effect is deemed a major penalty requiring a formal inquiry as per relevant regulations and previous court rulings.
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
Disciplinary actions must strictly adhere to statutory procedures; failure to do so renders penalties invalid.
Disciplinary proceedings must adhere to procedural safeguards, including witness examination, and failure to do so renders penalties invalid.
Disciplinary authority's discretion in imposing penalties must be reasonable and proportionate to established misconduct, ensuring integrity in banking operations.
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
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