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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MS. JUSTICE R.N.MANJULA, J
Lionel A.R. Samuel – Appellant
Versus
General Manager (HR) And Disciplinary Authority, Union Bank of India – Respondent
ORDER :
R.N.Manjula, J.
The petitioner has filed a petition seeking a Writ of Certiorarified Mandamus to call for the records of the order dated 10.03.2016 in L.R.No.666/20/V/T-1590/829 on the file of the first respondent and also the second respondent's order dated 12.09.2017 and to quash the same as arbitrary, illegal, and not sustainable in law and direct the respondents bank to pay the petitioner with all his consequential entire service benefits till his superannuation dated 31.03.2017 including pension payable to the petitioner by the respondents bank.
2. Heard Mr. B.Kumarasamy, learned counsel for the petitioner and Ms.Rita Chandrasekar, learned counsel for the respondents and perused the materials available on record.
3. The petitioner, who was removed from service due to proven charges of irregularities, has filed this writ petition challenging the order of dismissal dated 10.03.2016 and the order of the appellate authority confirming the punishment, dated 12.05.2017. The petitioner has been given a charge memo dated 08.05.2015, on the allegations that,
"(i) The petitioner had sanctioned 51 house loans during the period from 15.10.2011 to 31.01.2014 without following the extant
Judicial review in disciplinary matters is limited; courts cannot interfere unless there are gross violations of procedure or principles of natural justice.
Judicial review of disciplinary proceedings is limited to assessing procedural fairness; evidence must meet the preponderance of probabilities standard in administrative contexts, not beyond a reason....
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
Judicial review in disciplinary actions is not an appeal; it ensures fairness and legality without substituting the authority's findings unless they are grossly disproportionate.
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
The court held that disciplinary authority's punishment must be proportionate to the misconduct, and failure to adhere to natural justice principles can warrant judicial intervention.
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