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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Amit Kashyap S/o Shri Motilal Kashyap – Appellant
Versus
Punjab National Bank, Through Its M.d. And C.E.O., Corporate – Respondent
Order :
1. The petitioner has preferred the instant writ petition under Article 226 of the Constitution of India being aggrieved of the order dated 17.02.2022 (Annex.9), whereby a punishment of "Be Dismissed without Notice" has been inflicted upon him pursuant to a departmental enquiry conducted against him.
2. Briefly stated, facts of the case are that the petitioner was appointed in sub-ordinate cadre (Peon) in the Punjab National Bank, Circle Udaipur vide order dated 29.03.2016, whereafter he was made permanent on the post of Peon-cum-Daftary vide order dated 27.03.2017. The petitioner was put under suspension vide order dated 05.12.2020 under the provisions of the para 14 of the Bipartite Settlement dated 10.04.2002 and thereafter a show cause notice dated 24.12.2020 was served upon him alleging two irregularities, viz. (1) that he had made unauthorized cash loading in ATM without any office order and (2) that there are many high value/abnormal transactions in his account. The petitioner submitted his reply to the show cause notice justifying his act and explaining the transactions in the account. Being dissatisfied with the reply, the respondent authorities served a charge-sheet
Punishment in disciplinary proceedings must adhere to principles of natural justice and be proportionate to the misconduct; excessive punishment may warrant judicial intervention.
The court held that disciplinary authority's punishment must be proportionate to the misconduct, and failure to adhere to natural justice principles can warrant judicial intervention.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
The judgment emphasizes the importance of considering the defence of the delinquent employee and recording reasons in decision-making processes, highlighting the obligation to adhere to principles of....
Judicial review of disciplinary actions emphasizes fairness of the inquiry and proportionality of punishment, allowing modification from removal to compulsory retirement when circumstances warrant.
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
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