2006 Supreme(All) 1634
IN THE HIGH COURT OF ALLAHABAD
R. K. AGRAWAL, SANJAY MISHRA
DINESH CHANDA JAIN - Appellant
Versus
SYNDICATE BANK - Respondents
Civil Misc. Writ Petition 39652 Of 2000
Decided On : 05/26/2006
The punishment of removal from service can be awarded for grave misconduct, and in the banking business, absolute devotion, diligence, integrity, and honesty need to be preserved by every bank employee.
Headnote:
Writ Petition - Disciplinary Proceedings - Syndicate Bank Officer Employees (Conduct) Regulations, 1976 - The court dismissed the writ petition challenging the disciplinary proceedings and the subsequent orders of punishment. The petitioner, an employee of Syndicate Bank, was transferred but did not join the transferred place and remained absent without leave. The court held that the punishment of removal from service was not disproportionate to the charges and did not require interference.
Fact of the Case:
The petitioner, an employee of Syndicate Bank, was transferred but did not join the transferred place and remained absent without leave. Disciplinary proceedings were initiated against the petitioner, and the punishment of removal from service was imposed.
Finding of the Court:
The court held that the punishment of removal from service was not disproportionate to the charges and did not require interference.
Issues: The issues involved the petitioner's absence from duty without leave, the proportionality of the punishment of removal from service, and the compliance with natural justice principles in the disciplinary proceedings.
Ratio Decidendi: The court emphasized that in the banking business, absolute devotion, diligence, integrity, and honesty need to be preserved by every bank employee, and absenteeism without prior permission has become a principal cause of indiscipline affecting various government services. The court also highlighted that the punishment of removal from service can be awarded for grave misconduct.
Final Decision: The court dismissed the writ petition, upholding the punishment of removal from service imposed on the petitioner.
( 1 ) BY means of the present petition filed under Article 226/227 of the Constitution of India, the petitioner, Dinesh Chandra Jain, seeks the following reliefs :-" (i) Issue a writ, order or direction in the nature of certiorari quashing orders dated 19. 2. 2000 passed by the Disciplinary Authority, Assistant General Manager, Industrial Relation Cell, Zonal Office, Syndicate Bank, Lucknow, respondent no. 4, order dated 12. 5. 2000, passed by the General Manager (Personnel), Syndicate Bank, Head Office, Manipal, State of Karnataka (Annexure no. 2) and order dated 14. 7. 2000 passed by the Executive Director, Syndicate Bank, Head Office, Manipal, State of Karnataka, respondent no. 2 (Annexure no. 3 ). (ii) Issue a writ, order or direction in the nature of certiorari quashing the entire disciplinary proceedings emanating with issuance of charge sheet dated 5. 2. 99 (Annexure no. 14) and all proceedings including the punishment orders. (iii) Issue a writ, order or direction in the nature of mandamus commanding respondent no. 3 to treat the petitioner in service as Assistant Manager of the Syndicate Bank, Meerut and to pay him his salary and allowances alongwith arrears of pay. (iv) Pass such other and further order which this Honble Court may deem fit and proper in the facts and circumstances of the case. (v) Award costs. "
( 2 ) BRIEFLY stated, the facts giving rise to the present petition are as follows:-According to the petitioner, he joined the Syndicate Bank on 21. 5. 1978 as a Clerk. He was promoted to the post of the Assistant Manager under Junior Management Grade Scale I on 3. 6. 1985. It is alleged by the petitioner that in the year 1986 while posted as Assistant Manager in the Maliwara Branch of the Bank at Ghaziabad he was constrained to file Original Suit No. 580 of 1989 in the Court of the Munsif, Ghaziabad, impleading Sri Y. K. Singhal, the then Manager, as defendant no. 1 and the Bank as other defendant. The relief sought for in the said suit was for a decree of Rs. 1,010. 48p. on account of alleged illegal deductions made by Sri Y. K. Singhal or, in the alternative, a decree for mandatory injunction directing the defendants to credit his salary from the month of January, 1989 in the Savings Bank Account No. 3910 with the Banks Maliwara Branch, Ghaziabad. According to the petitioner, he was pressurized to withdraw the suit as it was damaging the image of the Bank. On his refusal to withdraw the suit, harassment started with frequent transfers. He was transferred five times during the period of 49 months from April 1994 to May 1998. Sometimes in the year 1995, he developed some problems of osteo arthritis in his left hip joints and he was advised not to strain too much. In May 1998, while the petitioner was posted at Dola Branch in the district of Baghpat, he was transferred to Naripura Branch at Agra. He represented to the higher authorities against the said transfer. According to him, he was on medical leave during the period 1996-97 and while he was on leave, he had applied for his transfer to Meerut on medical grounds for better and effective medical treatment, which request was turned down. The petitioner again represented the matter on 28. 7. 1998 and 10. 11. 1998 but without any success. According to him, he did not join at Naripura Branch at Agra on the expectation of a favourable response from the Bank and also in the wake of the medical advice. He was served with a communication issued by the Regional Office, Agra on 20. 10. 1998 wherein he was informed that his absence from 27. 6. 1998 onward till he would join duty at Naripura Branch at Agra had been treated as unauthorised with consequential cut in salary, postponement of annual increment date and the period counted as break in service for superannuation benefits etc. , which was without prejudice to the right of the Bank to initiate any disciplinary action that might be deemed fit. The communication was preceded by issue of a show cau