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N. UNNI KRISHNAN NAIR
Bitashok Rakshit S/o. Lt. Dr. Banabehari Rakshit – Appellant
Versus
United Bank of India – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. T. J. Mahanta, learned senior counsel, assisted by Mr. P. P.Dutta, learned counsel, appearing on behalf of the petitioner. However, none appears on behalf of the respondent United Bank of India(UBI).
2. The challenge in the present proceeding is to an order, dated 10.09.2013, issued by the Assistant General Manager-cum-disciplinary authority imposing upon the petitioner, a penalty of reduction of basic pay by 4(four) stages in the time scale of pay till superannuation with further stipulation that no increment would be earned during the period. The petitioner has also assailed the Inquiry Report as well as the orders passed by the appellate authority and the reviewing authority.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The petitioner, herein, while functioning as the Branch Manager of Mariani Branch of United Bank of India (UBI), was served with a Show Cause Notice, dated 24.01.2013, leveling allegations against the petitioner as Manager at Kamargaon Branch of United Bank of India(UBI), during his tenure therein
Disciplinary authority's discretion in imposing penalties must be reasonable and proportionate to established misconduct, ensuring integrity in banking operations.
Bank employees must maintain high standards of integrity; misconduct leading to loss of confidence justifies disciplinary penalties.
Distinct allegations against employee charged in the same transaction would be justified being based on a valid classification and no perversity or arbitrariness can be alleged in the process.
The court established that procedural flaws in disciplinary inquiries do not automatically invalidate the proceedings unless the employee can demonstrate actual prejudice resulting from those flaws.
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
Disciplinary actions must adhere to principles of natural justice, and failure to provide relevant evidence undermines the validity of proceedings.
Regulation 7(2) of the Punjab National Bank Officer Employees’ Regulation, 1977 did not stipulate granting of an opportunity to represent against disagreement recorded by Disciplinary Authority.
The court upheld the disciplinary proceedings and the penalty imposed, but modified the penalty from removal from service to compulsory retirement, considering the nature of the petitioner's role and....
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