IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
M.K. Ravivarma, (deceased) – Appellant
Versus
Union Bank Of India, Rep By Its Chairman And Managing Director – Respondent
| Table of Content |
|---|
| 1. background of the case and disciplinary actions. (Para 1 , 3) |
| 2. appellant challenges findings and punishment. (Para 5 , 6) |
| 3. court’s analysis of findings and responsibilities. (Para 9 , 10 , 11 , 12) |
| 4. court's consideration of regulatory compliance. (Para 14 , 15) |
| 5. dismissal of the writ appeal. (Para 17) |
JUDGMENT :
C. KUMARAPPAN, J.
The present Writ Appeal is filed assailing the order of the learned Single Judge dated 31.10.2019 made in WP.No.19387 of 2013. The appellant as well as the respondents herein were arrayed as the petitioner and respondents respectively before the Writ Court.
2. For the convenience sake, the parties will be referred to according to their litigative status before the Writ Court.
3. The brief facts which are necessary for disposal of the present writ appeal is that, the petitioner when he was working as Regional Head at Chennai, was issued with the charge memorandum dated 08.09.2007 containing 9 charges. The charges are in the nature of sanctioning loan to the creditors without following the guidelines and thereby, caused huge financial loss to the Bank. He gave explanation to the charge memorandum. Not being satisfied with the explanation, t
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Judicial review in disciplinary matters is limited to ensuring fair treatment; the proportionality of punishment must relate to the nature of misconduct and established duties, not merely a compariso....
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.
Judicial review of disciplinary actions is limited to ensuring due process was followed, not to reassess the proportionality of punishment unless it is shockingly disproportionate.
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.
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....
Disciplinary proceedings against a retired bank officer can proceed if initiated prior to retirement, identifying lapses in loan sanctioning as misconduct warranting penalties.
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