HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Robin Shah S/o Shri Munna Shah - Appellant
Versus
The Rajasthan Marudhara Gramin Bank - Respondent
S.B. Civil Writ Petition No. 8197/2023
Decided On : 21-01-2025
(A) Constitution of India - Article 226 - Disciplinary proceedings - The petitioner challenged the punishment of compulsory retirement imposed by the bank's disciplinary authority after a departmental inquiry found him guilty of misconduct related to loan disbursement and TA claims - The court found procedural lapses in the inquiry, including failure to provide relevant records and consider defense evidence - The punishment was deemed disproportionate to the charges, leading to the conclusion that the disciplinary authority acted arbitrarily - The court remanded the matter for reconsideration of the punishment. (Paras 1, 14, 22)
(B) Judicial Review - Scope - The court emphasized that it should not interfere with findings of fact unless they are perverse or based on no evidence, but can intervene if principles of natural justice are violated or if the punishment is disproportionate. (Paras 11, 18)
| Table of Content |
|---|
| 1. allegations against the petitioner (Para 2 , 3) |
| 2. violation of natural justice (Para 4 , 5) |
| 3. disproportionate punishment (Para 6 , 7 , 8 , 9 , 11) |
| 4. procedural fairness in inquiry (Para 10) |
| 5. judicial review limitations (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. writ petition allowed (Para 22 , 23) |
Order :
1. The petitioner has preferred the instant writ petition under Article 226 of theConstitution of India being aggrieved of the order dated 27.07.2022 (Annex.1), whereby pursuant to the departmental inquiry conducted against him, the disciplinary authority of the respondent bank has awarded him punishment of 'Compulsory Retirement' and the order dated 14.11.2022 (Annex.2), whereby the appellate authority has rejected the departmental appeal preferred by him against the aforesaid order.
2. Briefly stated, facts of the case are that the petitioner was appointed as Officer Scale-I (junior Management Grade Scale-I) in the respondent bank vide appointment order dated 14.12.2013. After completion of probation period, he was given the charge of Branch Manager. While the petitioner was working at the Fatehgrah Branch of the respondent bank, a show cause notice (Annex.9) was served upon him, wherein it was alleged that he has violated the bank's circulars by sanctioning and disbursing loans to 5 farmers under KCC and ATL loan scheme beyond the limit for which he was authorized and thus, he wrongly used his discretionary powers. It was further alleged that the BMDP of these loans was not got noted to RBO office. Another allegation was that he falsely made claim of TA bills and got the bills cleared and he also cleared TA bills of his subordinate Chandra Prakash, which was not within his powers. Being dissatisfied with the explanation submitted by the petitioner, the respondent bank proceeded to hold disciplinary inquiry against him in respect of the allegations contained in the show cause notice and accordingly, memorandum of charge-sheet dated 04.07.2020 alongwith article of charges was issued to the petitioner, whereby the petitioner was put to face the charges under the Regulation 39(1)(b) of the Rajasthan Marudhara Gramin Bank (Officers & Employees Service Regulations - 2010 (for short, 'the Regulations of 2010'). In the charge-sheet, total 5 charges were levelled against the petitioner, which are as follows:-
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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.
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 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.
Judicial review of disciplinary actions emphasizes fairness of the inquiry and proportionality of punishment, allowing modification from removal to compulsory retirement when circumstances warrant.
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....
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....
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
Judicial review of disciplinary matters is limited, with courts respecting the wide discretion of disciplinary authorities unless procedural fairness is violated or penalties shock the conscience.
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