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M. S. RAMESH, C. KUMARAPPAN
A. Savarinathan – Appellant
Versus
Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court – Respondent
JUDGMENT :
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 19.07.2023 in WP.No.10281 of 2016, insofar as declining the relief of reinstatement with full back wages, continuity of service and all other attendant benefits as illegal, arbitrary, contrary to law and consequently, direct the respondents to reinstate the appellant with full back wages, continuity of service and all other attendant benefits.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 19.07.2023 in WP.No.19552 of 2016.
When the award of the Central Government Industrial Tribunal-cum-Labour Court, Chennai (Tribunal) made in I.D.No.95 of 2013 dated 18.11.2015, setting aside the punishment of dismissal dated 27.09.2012 and modifying it into one of compulsory retirement, was challenged by both the employee and the State Bank of India (Bank) before this Court in W.P.Nos.10281 of 2016 and 19552 of 2016 respectively, a learned Single Judge of this Court had confirmed the award, through a common order dated 19.07.2023, which order is assailed in these Intra Court Appeals.
2.1. The brief facts before the learned Single Judge in the Wr
The court upheld the Tribunal's decision that the domestic enquiry was fair and the findings were based on evidence, affirming the modification of punishment from dismissal to compulsory retirement.
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 court upheld the Tribunal's decision to modify the workman's punishment from dismissal to removal with benefits, emphasizing the necessity of integrity in banking and the consequences of miscondu....
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 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....
The court reaffirmed the principle that in disciplinary matters, particularly involving fraud, the domestic enquiry must follow natural justice and the resultant punishment must reflect the severity ....
Departmental inquiries require a preponderance of probabilities for proof, differing from the strict standards in criminal trials, and insufficient evidence can render dismissal illegal.
The Management must present fresh evidence if a domestic enquiry is deemed unfair, as prior proceedings cannot be relied upon.
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