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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Gagandeep Singh Sambyal – Appellant
Versus
Managing Director & CEO Jammu and Kashmir Bank Ltd – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged order No. CHQ/DD/2024-717 dated 24.01.2025 issued by respondent No. 3 whereby the petitioner has been removed from service. Challenge has also been thrown to order No. JKB/ED/CHQ/2025-468 dated 20.03.2025 issued by respondent No. 2 whereby order regarding his removal from service issued by respondent No. 3 has been confirmed. Besides this, the petitioner has also challenged enquiry report dated 05.09.2024 drawn by respondent No. 4. The petitioner has further sought a direction upon the respondents to reinstate him in service with all consequential benefits.
02. As per case of the petitioner, he joined the service of respondent-Bank on 18.03.2017 as Relationship Executive Officer at Branch Unit, Janipur. Thereafter he was transferred to Branch Unit, Vijaypur and later on transferred to Branch Unit, Sumb Baletar. The petitioner was designated as Assistant Manager as a Probationer Officer and after completing his probationary period, he was made permanent officer and transferred to Branch Unit, Aminabad Lucknow where he was posted as Assistant Manager.
03. According to the petitioner
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.
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 upheld the disciplinary proceedings and the penalty imposed, but modified the penalty from removal from service to compulsory retirement, considering the nature of the petitioner's role and....
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....
Disciplinary dismissal based on financial misconduct was set aside due to lack of fair process and the employee's prior acquittal in criminal proceedings regarding identical charges.
The court emphasized the importance of integrity in the judiciary and the limited scope of judicial review in disciplinary matters.
The responsibility of the employee to maintain trust and the principles of natural justice were central to the court's decision.
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