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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
M. Bharathkumar – Appellant
Versus
Deputy General Manager (B&O), Appellate Authority, State Bank of India – Respondent
W.A. No. 2830 of 2021
Decided On : 25-07-2024
Judicial Review - Employment Disciplinary Action - Act Section List - The court emphasized the limited scope of judicial review in disciplinary matters, affirming that it ensures fair treatment rather than re-evaluating the merits of decisions, and upheld the disciplinary authority's findings and punishment as justified.
Fact of the Case:
The appellant, a Customer Assistant at a bank, was dismissed for misappropriating funds. After a domestic enquiry confirmed the charges, his appeal was denied, leading to a writ petition that was also dismissed.
Finding of the Court:
The court found no procedural irregularities in the domestic enquiry and upheld the disciplinary authority's decision, stating that the punishment was not shockingly disproportionate to the misconduct.
Issues: Whether the disciplinary proceedings were conducted fairly and whether the punishment of dismissal was appropriate given the circumstances, including the appellant's disability.
Ratio Decidendi: Judicial review does not extend to re-evaluating the merits of disciplinary decisions unless there is a clear violation of natural justice or the findings are unsupported by evidence.
Result: The Writ Appeal is dismissed.
JUDGMENT :
C. KUMARAPPAN, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 15.09.2021 passed in W.P. No. 10081 of 2017 and consequently, to direct the respondents to reinstate the appellant in service with full back wages, continuity of service and all other attended benefits.
1. The writ petitioner is the appellant. He filed a writ petition to issue a writ of Certiorarified Mandamus, calling for the records dated 22.02.2017 of the first respondent, by and in which the writ petitioner was dismissed from service.
2. The necessary facts which are require for the proper adjudication of the appeal is as follows:
(b) On receipt of the above Charge Memorandum, the petitioner submitted his explanation on 16.09.2015. Not satisfying with the same, the respondents initiated a disciplinary proceedings and ordered for domestic enquiry. After completion of the enquiry, the Enquiry Officer submitted his report on 15.02.2016 holding that all the 3 charges were proved against the petitioner herein.
3. It appears that, on receipt of the said Enquiry report, the respondent has issued the copy of the enquiry report and called for further explanation from the petitioner herein. On receipt of the further explanation from the petitioner, the Disciplinary Authority imposed a punishment of dismissal against the petitioner vide order dated 31.08.2016. Aggrieved with the order of the Disciplinary Authority, the petitioner preferred an appeal before the Appellate Authority. Even the Appellate Authority did not find any merits in the appeal, and ultimately dismissed the appeal by confirming the order of the Disciplinary Authority vide it's order dated 22.02.2017.
4. Not satisfying with the order of the Appellate Authority, the petitioner preferred the impugned writ petition. However, the Writ Court did not find any merit and has ultimately dismissed the same. Not satisfying with the said writ order, the instant Writ Appeal has been filed by the petitioner.
5. Mr.N.G.R.Prasad, learned counsel appearing on behalf of the appellant, in his usual dexterity would vehemently contend that the petitioner is a differently abled person and has got some mental ailments. It was the further contention of the learned counsel for the appellant that there was no mens rea on the part of the appellant, and that the amount credited from various Government accounts and other accounts cannot be construed as misappropriation, but only to be construed as a mistake in view of the disability faced by the petitioner. The learned counsel would further contend that the appellant, being a differently abled person and has got some mental incapacity due to Cerebral Palsy, he ought not to have been denied legal assistance, so as to defend his case in domestic enquiry on par like his able bodied counter part. It was the further contention of the learned counsel for the appellant that the punishment of dismissal is shockingly disproportionate to the gravity of the proved charges. Therefore, the learned counsel prayed to interfere with the order of the Writ Court. In support of his contention, the learned counsel relied upon the judgment of the Hon'ble Supreme Court of India in Ravinder Kumar Dhariwal and Another Vs. Union of India and others, (2023) 2 SCC 209.
6. Per contra, Mr.C.Mohan, learned counsel for the respondents would vehemently contend that the power of this Court under judicial review is very limited. Whereas, the Disciplinary Authority as well as the Appellate Authority has found that the charges were proved, and there is no disproportion
Judicial review in disciplinary matters is limited to ensuring fair treatment and adherence to natural justice, not to reassess the merits of the disciplinary authority's conclusions.
The main legal point established is the scope of judicial review in departmental enquiry proceedings, emphasizing the principles of natural justice, the authority of the disciplinary officers, and th....
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
The standard of proof in disciplinary proceedings is based on preponderance of probabilities, and the court does not reappraise evidence unless there is a violation of natural justice.
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
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