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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Bank Of Baroda Through Its Deputy General Manager – Appellant
Versus
Their Workman-represented by Bank of Baroda Staff Union (Bihar & Jharkhand) through the General Secretary – Respondent
| Table of Content |
|---|
| 1. review of tribunal award validity (Para 1 , 6) |
| 2. validity of the award due to procedural fairness. (Para 2) |
| 3. arguments against domestic enquiry findings (Para 3 , 4 , 5 , 12 , 13) |
| 4. the arguments support the credibility of domestic enquiry. (Para 7) |
| 5. incident background and disciplinary actions (Para 10 , 11 , 19 , 22 , 27) |
| 6. procedural fairness in disciplinary proceedings (Para 29 , 51 , 63 , 64) |
| 7. scope of judicial review on punishment imposals (Para 30 , 31 , 48 , 49 , 67) |
| 8. nature and weight of evidence required for misconduct. (Para 39 , 55) |
JUDGMENT :
SANJAY PRASAD, J.
This present Writ Petition has been filed on behalf of the petitioner for quashing/setting aside the Award dated 10.04.2015 passed by Sri Kishori Ram, learned Presiding Officer, Central Government Industrial Tribunal (No.2), Dhanbad, in connection with Reference No. 71 of 2007, whereby the Reference has been decided in favour of the workman-Dr. Vinod Prasad by holding that the workman is entitled to all his five increments with all his financial benefits for the relevant period of his service tenure and further the Management has been directed to implement the Award within a month from the dat
A tribunal's interference in disciplinary matters requires solid grounds and should not reassess evidence once the fairness of the domestic enquiry is acknowledged by the employee.
Judicial review of disciplinary action is warranted where punishment is shockingly disproportionate to the charges, emphasizing the requirement of adhering to natural justice and proportionality in s....
The Industrial Tribunal can modify punitive measures if it determines that an employee was treated discriminatorily compared to similarly situated employees, according to Section 11A of the Industria....
The Tribunal's modification of punishment from dismissal to compulsory retirement was justified based on proportionality and the workman's long service, emphasizing the importance of fair inquiry pro....
The court upheld the dismissal of an employee for serious misconduct involving misappropriation of funds, emphasizing the importance of integrity in banking and the adequacy of evidence in disciplina....
The standard of proof in disciplinary proceedings is 'preponderance of probabilities', allowing for evidence that is logically probative, and excluding strict adherence to the Indian Evidence Act pro....
A tribunal must adjudicate the fairness of a domestic inquiry before addressing the merits of a dismissal, ensuring decisions are reasoned and within jurisdiction.
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