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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Shri Manish Kumar Balwani S/o Shri Nand Lal Balwani – Appellant
Versus
Bank Of Baroda, Baroda Corporate Centre – Respondent
Order :
For convenience of exposition, this judgment is divided in the following parts:-
INDEX
| Item Number | Description |
|---|---|
| 1 | Factual Matrix and relief claimed in this petition |
| 2 | Submissions by counsel for the petitioner |
| 3 | Submissions by counsel for the respondents |
| 4 | Discussion & Analysis |
| 5 | Conclusion |
| 6 | Directions |
Factual Matrix and relief claimed in this petition:-
1. The instant writ petition has been filed with the following prayer:-
“(1) Quash and set aside the charge sheets dated 16.08.2024 issued against the petitioners as arbitrary, illegal and violative of the principles of natural justice.
(2) Direct the respondents to invoke Clause 10 of the Bank of Baroda Officer Employees’ (Discipline & Appeal) Regulations, 1976, and conduct common disciplinary proceedings for all the officers involved in the IFILC Business Development case.
(3) Direct the respondents to reinstate the petitioners to their positions with immediate effect and quash the suspension order dated 11.03.2024.
(4) Direct the respondents to provide access to all documents, evidence, and CCTV footage relied upon in framing the charges against the petitioners and required by the petitioner for their proper defence.
(5) Pass any other order(s)
Separate disciplinary proceedings are justified when charges against officers are distinct and involve different disciplinary authorities, even if similar allegations exist.
Charge sheet upheld where Disciplinary Authority approved via file notings with application of mind; natural justice requires supplying relied-upon documents; proceedings abeyed pending review post-d....
The main legal point established in the judgment is that disciplinary proceedings must adhere to the provisions of the relevant disciplinary rules and acts, and the penalty imposed must be commensura....
Charge memorandum issued without prior disciplinary authority approval is non est; post-facto ratification invalid where statute mandates prior approval before issuance.
Neighborhood disputes, especially involving family members, do not constitute official misconduct, and disciplinary proceedings initiated on such grounds without substantial evidence violate principl....
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