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SANJAY DHAR
Rajesh Maini – Appellant
Versus
Punjab National Bank Through Its Chairman – Respondent
JUDGMENT :
1. The petitioner has challenged order dated 19.08.2002 whereby an enquiry has been initiated against him. Challenge has also been thrown to enquiry report dated 19.03.2003 submitted by respondent No. 3 to respondent No. 2 and order dated 08.11.2004 issued by respondent No. 2 whereby a show cause notice has been issued to the petitioner in respect of proposed punishment of dismissal from service.
2. Briefly stated case of the petitioner is that he was appointed as cashier-cum-clerk with the respondent-Bank on 07.06.1986. It has been submitted that in the year 1999, the petitioner was posted at Tiger Cinema branch of Punjab National Bank. Vide order dated 03.02.1999, the petitioner was placed under suspension in connection with alleged fraud/embezzlement of money. A charge-sheet dated 08.06.1999 was served upon the petitioner by respondent No.2 wherein certain vague allegations against him were levelled. Reply to the said charge-sheet was submitted by the petitioner in terms of his letter dated 28.06.1999, whereafter, in terms of order dated 20.07.1999, Sh. S.K. Sharma, Manager, Regional Camp Office, Gandhi Nagar, Jammu, was appointed as an Enquiry Officer by the Disciplina
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
A disciplinary authority may order a further inquiry to correct deficiencies in initial proceedings when necessary for ensuring justice, provided it does not violate principles of natural justice.
Distinct allegations against employee charged in the same transaction would be justified being based on a valid classification and no perversity or arbitrariness can be alleged in the process.
The court emphasized the importance of integrity in the judiciary and the limited scope of judicial review in disciplinary matters.
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
The failure to provide crucial documents and examine key witnesses in a departmental inquiry violates natural justice and Article 311(2) of the Constitution, warranting annulment of the imposed penal....
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