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R. SUBRAMANIAN, C. KUMARAPPAN
General Manager, State Bank of India, Region-II, Chennai – Appellant
Versus
Central Government Industrial Tribunal-cum-Labour Court, Chennai – Respondent
JUDGMENT :
(C. Kumarappan, J.)
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to allow the appeal and set aside the order dated 13.09.2021 in W.P. No. 9575 of 2010.)
(Prayer : Writ Appeal filed under Clause 15 of Letters Patent praying to allow the appeal and set aside the order dated 13.09.2021 in W.P. No. 19713 of 2010.)
Both the Writ Appeals were filed by the State Bank of India, (hereinafter called "the Bank") against their workman, R. Nagarajan (hereinafter called "the workman"), assailing the common order dated 13.09.2021 passed in W.P. Nos. 9575 and 19718 of 2010.
2. The brief facts which give rise to the instant Writ Appeals are that, the workman joined in the Bank as a Clerk on 07.05.1981. While he was in service, a charge memorandum dated 11.08.1998 was served on him, for the charge of causing serious financial loss and for fabrication of records. After receiving the charge memorandum, he submitted explanation dated 06.11.1998. Not satisfied with the explanation, the Bank proceeded with domestic enquiry. Eventually, the Enquiry Officer submitted report, holding that the charges are proved. As a concomitant, the Bank imposed the punishment of dismissal vi
The Management must present fresh evidence if a domestic enquiry is deemed unfair, as prior proceedings cannot be relied upon.
In a situation where the domestic enquiry is found to be vitiated, only the evidence adduced before the labour court should be considered to establish the charges. The evidence from the domestic enqu....
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 ....
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 Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
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