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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Assam Gramin Vikash Bank – Appellant
Versus
Ramkrishna Sarma Retired Chief Manager – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Ms. P. Banerjee, learned counsel, appearing on behalf of the appellant Bank via video conference, along with Mr. Adarsh Dhanuka, learned counsel. Also heard Mr. Diganta Das, learned senior counsel, assisted by Mr. Indrajit Bhuyan, learned counsel, appearing on behalf of the sole respondent.
2. The present intra-Court appeal has been instituted by the appellant Bank, herein, assailing the judgment & order, dated 23.11.2023, passed by the learned Single Judge in WP(c)1525/2023, interfering with the penalty imposed upon the sole respondent by the appellant Bank vide order, dated01.02.2023.
3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:
A departmental proceeding came to be instituted against the respondent, herein, vide issuance of a charge-sheet, dated 30.08.2022, proposing to hold an inquiry under the provisions of Regulation 39.1(b) of the Assam Gramin Vikash Bank Officers and Employees Service Regulations, 2010(as amended).
It is seen that as many as 6(six) allegations came to be levelled against the responden
Disciplinary proceedings against bank employee were found time-barred and lacking specific charges, violating principles of natural justice.
The court established that disciplinary actions must be timely and substantiated by evidence, and that employees cannot be held accountable for actions not identified within the stipulated time frame....
Disciplinary proceedings against a retired bank officer can proceed if initiated prior to retirement, identifying lapses in loan sanctioning as misconduct warranting penalties.
Bank employees must maintain high standards of integrity; misconduct leading to loss of confidence justifies disciplinary penalties.
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....
Disciplinary authority's discretion in imposing penalties must be reasonable and proportionate to established misconduct, ensuring integrity in banking operations.
Disciplinary proceedings initiated beyond the limitation period stipulated in internal policies are invalid, and failure to provide reasoned decisions in appeals violates procedural fairness.
Disciplinary action in banking requires adherence to high standards of integrity, and loss of confidence justifies severe penalties, including removal from service.
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