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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
SHER SINGH YADAV – Appellant
Versus
BANK OF BARODA AND ORS – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. Laying challenge to order dated 15.06.2000 passed by Deputy General Manager-cum-Disciplinary Authority, whereby penalty of “removal from bank service without notice” was imposed upon the petitioner and order dated 05.10.2001, whereby appeal filed by the petitioner against penalty order has been dismissed on the ground of being barred by limitation, the instant writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner with a prayer to quash and set aside aforesaid impugned orders and to grant him benefits of reinstatement or all consequential benefits.
2. Petitioner in the writ petition has averred that he was appointed as Peon in the respondent-Bank and later on, he was promoted on the post of Head Peon. While he was working as Head Peon on account of his illness he could not attend his duties and as per petitioner, information in this regard was given to the higher authorities with assurance that as and when he would become fit, will join his duties.
3. It has been stated in memo of writ petition that one notice dated 13.08.1999 was issued by the Chief Manager, International Business Branch, Ramganj Bazaar, Ja
Judicial review in disciplinary matters is limited; courts may intervene if the penalty is shockingly disproportionate to the misconduct.
Judicial review of disciplinary proceedings is limited to checking the decision-making process; courts cannot reassess evidence unless penalties are shockingly disproportionate.
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
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 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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