Back
ANOOP KUMAR DHAND
Vaibhav Singh, S/o. Late Sh. Janardan Singh Sachan – Appellant
Versus
State Bank of India, Through Its General Manager (Net Work-1) – Respondent
JUDGMENT :
Anoop Kumar Dhand, J.
For convenience of exposition, this judgment is divided in the following parts:-
| INDEX | |
| (1) | Factual Matrix of the case |
| (2) | Submissions by counsel for the petitioner |
| (3) | Submissions by counsel for the respondents |
| (4) | Discussions & Analysis |
| (5) | Judgments on the issue involved in this petition |
| (6) | Reasoning |
| (7) | Conclusion |
Factual Matrix of the case:
1. A challenge has been made by the petitioner to the impugned orders dated 05.12.2017 as well as dated 30.05.2018 by which punishment order of ‘Removal from Service’ has been passed by the respondents and his appeal against the said order has been rejected respectively.
Submissions by counsel for the petitioner:
2. Learned counsel for the petitioner submits that a departmental charge-sheet with four charges was served upon the petitioner along with a list of witnesses, wherein only one witness was kept by the respondents. Learned counsel submits that before commencement of the inquiry, the Inquiry Officer permitted the respondents to adduce the additional evidence. Learned counsel submits that the Inquiry Officer was appointed on 21.10.2016 and vide communication date
The disciplinary authority must independently assess penalties without undue influence from external advice, ensuring adherence to principles of natural justice.
The principles of natural justice must be upheld in disciplinary proceedings, and reliance on improper external influences can invalidate decisions made by disciplinary authorities.
Judicial review of disciplinary actions emphasizes fairness of the inquiry and proportionality of punishment, allowing modification from removal to compulsory retirement when circumstances warrant.
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
The main legal point established in the judgment is the requirement for the disciplinary authority to follow the principles of natural justice, record tentative reasons for disagreement with the inqu....
Grant of reinstatement - Court will not ordinarily interfere in the punishment imposed in the disciplinary proceedings to substitute its own conclusion on penalty except where the punishment imposed ....
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
