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2018 Supreme(All) 1405

IN THE HIGH COURT OF ALLAHABAD
BEFORE : MANOJ MISRA AND VED PRAKASH VAISH, JJ.
JAI PRAKASH ....Petitioner
Versus
GEN. MANAGER ZONAL OFFICE AND OTHERS ....Respondent
(Civil Misc. Writ Petition No. 13 of 2010, decided on 12th October, 2018)

Advocates:
Counsel :
V.K. Upadhyay, Manish Mishra, Parmanand Sharma, R.K. Maurya and S.K. Upadhyay for the Petitioner; Vishnu Pratap and S.C. for the Respondents.

Headnote:(A) Central Bank of India Officer Employees’ (Conduct) Regulations, 1976 – Regulations 3(1), 24, 4(j) – Dismissal – Misconduct in disbursing loan – Lapses/irregularities committed by petitioner are serious in nature and indicating gross negligence on his part – Findings of Inquiry Officer are based on evidence on record and Disciplinary Authority as well as Appellate Authority agreed with findings of Inquiry Officer – Reviewing Authority after considering documents and evidence passed detailed reasoned order – Defences adopted by petitioner highly unconvincing. [Paras 52 and 60]

       (B) Constitution of India, 1950 – Article 226 – Judicial review – Departmental inquiry and action of authorities in dismissing service of incumbent – Held scope of judicial review is limited to decision making process – Same cannot be extended to examination of correctness of decision on a question of fact – In such cases court has to examine and determine whether inquiry was held by competent authority and whether rules of natural justice are complied with and whether conclusions arrived at by competent authority are based on some evidence and authority has power and jurisdiction to reach at a conclusion – Sufficiency or adequacy of evidence is no ground to set aside findings of facts by High Court under Article 226. [Paras 45 and 51]

JUDGMENT

Hon’ble Ved Prakash Vaish, J.—This writ petition is directed against the order dated 5th November, 2007 passed by the Disciplinary Authority/Assistant General Manager and order dated 29th February, 2008 passed by the Appellate Authority/Deputy General Manager of Central Bank of India as also order dated 29th September, 2009 passed by the Reviewing Authority/General Manager of Central Bank of India, Zonal Office, New Delhi.

2. Shorn of unnecessary details, the brief facts giving rise to the present writ petition are that the petitioner was appointed as a clerk/cashier in the respondent-bank on 18.2.1980, thereafter, the petitioner was promoted as Assistant Manager on 15.10.1990 and he was transferred in different districts. The petitioner was promoted as Bank Manager, Scale-II on 20.8.2001 and transferred to Khandala Branch, Maharashtra.

3. It is stated that on 26th April, 2003, a memorandum was issued to the petitioner by the Regional Office of the respondent-bank alleging that the petitioner had committed acts of misconduct in disbursing loan to several persons. The petitioner sent reply to the same vide letter dated 28th May, 2003 and controverted the allegations made in the memo.

4. It is also stated that on 9th December, 2006, the respondent No. 2 sent a memorandum to the petitioner whereby he was informed that the inquiry was proposed against him on the charge of misconduct in respect of disbursement of loan and irregularity in disbursement of loan which constitutes misconduct within the meaning of Regulation 3(1) read with Regulation 24 of the Central Bank of India Officer Employees’ (Conduct) Regulations, 1976. Thereafter, vide order dated 25th January, 2007, the inquiry was initiated against the petitioner and the Enquiry Officer was appointed.

5. The Enquiry Officer conducted the inquiry from 26th March, 2007 to 14th August, 2007 and after completion of inquiry, the Enquiry Officer submitted his report on 25th August, 2007. The petitioner filed his representation to the findings of the inquiry report on 29th August, 2007 controverting the charges against him.

6. The Disciplinary Authority, vide order dated 5th November, 2007 awarded consolidated penalty of “dismissal which shall ordinarily be a disqualification for future employment” under the Regulation 4 (j) of Central Bank of India Officer Employees’ (Discipline & Appeal) Regulations, 1976.

7. Aggrieved by the said order dated 5th November, 2007, the petitioner preferred an appeal before the Appellate Authority. Vide order dated 29th February, 2008, the appeal was dismissed by the Deputy General Manager/Appellate Authority.

8. The petitioner challenged the said order by filing a Writ Petition No. 31884 of 2008 which was dismissed on the ground of alternative remedy by this Court on 08th July, 2008 by observing that the petitioner had a remedy by means of review under the Regulation 18 of the Central Bank of India Officer Employees’ (Discipline & Appeal) Regulations, 1976.

9. Thereafter, the petitioner filed a review petition. By detailed order dated 29th December, 2009, the review petition filed by the petitioner was dismissed by Reviewing Authority/General Manager. Hence, the present petition.

10. The respondents have opposed the petition by filing a counter-affidavit. In the counter-affidavit, the respondents have denied the averments made in the writ petition. It is stated that the petitioner committed irregularity/misconduct and therefore, the inquiry was initiated. During the inquiry, the petitioner was given full opportunity to defend himself and present his case. The report of the Enquiry Officer was placed before the Disciplinary Authority and the said report was also communicated to the petitioner. After considering the reply of the petitioner and the report of the Enquiry Officer, the Disciplinary Authority passed the impugned order and awarded consolidated penalty of dismissal which shall ordinarily be disqualification for further employment. The












































































































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