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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Ranjan Chandra S/o Shri Dualal Chand – Appellant
Versus
Bank of India through General Manager, Mumbai – Respondent
| Table of Content |
|---|
| 1. writ application seeks to quash disciplinary penalty. (Para 2 , 3) |
| 2. arguments regarding sincerity and responsibility in loan management. (Para 4 , 5) |
| 3. procedural deficiencies in inquiry and lack of evidence. (Para 6 , 7 , 8 , 9) |
| 4. disproportionality of punishment for misconduct. (Para 10 , 11 , 12) |
| 5. writ application allowed; orders to quash dismissal. (Para 13 , 14) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for following reliefs:
i. For quashing of the penalty order dated 26.08.2016 passed by the Respondent No. 4 whereby and where under the Respondent No. 4 in exercise of power as disciplinary authority held out the petitioner guilty of the charges in the departmental proceeding and inflicted major penalty of dismissal.
ii. For quashing of the order dated 20.10.2016 passed by the Respondent No. 3 whereby the Respondent No. 3 dismissed the appeal preferred by the appellant against the order of penalty order dated 26.08.2016 and confirmed the order of penalty of dismissal.
iii. For quashing of order dated 14.09.2017 passed by the Respondent No. 2 whereby an
Punishments in disciplinary proceedings must align with the misconduct severity and adhere to principles of natural justice; dismissal without evidence constitutes disproportionate and arbitrary acti....
Departmental inquiries must be conducted with due adherence to principles of natural justice, requiring actual proof of allegations presented.
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....
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
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