The participation of the Presenting Officer as a witness in a domestic inquiry does not violate natural justice principles unless it can be shown to have caused prejudice to the employee.

JUDGMENT

J.J. Munir, J. - This writ petition is directed against an order passed by the Assistant Manager, Human Resources, Management Section, Canara Bank dated 31.03.2021, punishing the petitioner with removal from service after disciplinary proceedings. Also under challenge is an order of the Deputy General Manager, Human Resources Management, Canara Bank, Head Office, Bangalore dated 02.06.2021, affirming the order of removal from service in appeal.

2. The petitioner's case is that he was appointed on 17.11.2008 on the post of a Probationary Officer (Assistant Manager) MMGS I with the Syndicate Bank at Chennai. The petitioner got a promotion on 26.06.2014 to the post of MMGS II. It is his case that on account of promotion, he joined the City Center Branch, Gwalior. He worked up to 19.03.2016 without any break in service. He was transferred from time to time from one city to another and across states. He performed his duties honestly and with devotion. The petitioner was last transferred to District Etawah Branch on 16.09.2017, where he was posted as an Assistant Manager. The petitioner says that he has worked for a total of 13 years without any break in service. During this period of time, his work and conduct have been well regarded amongst the higher officials of the Bank. The petitioner was transferred to the Syndicate Branch, Etawah from Ahmedabad Main Branch in the year 2017, but unfortunately, due to what the petitioner described as serious illness resulting from his Diabetes etc., the petitioner was unable to perform his duties regularly with effect from 22.11.2018. Due to his ailment, the petitioner did not perform his duties and members of his family gave medical certificates, along with relevant documents of his treatment from time to time to the Bank establishment. The petitioner says that after he was fit and discharged from hospital, he produced a medical certificate dated 05.06.2020 before the Bank. It is then pointed out that on 05.06.2020, some dispute relating to property between one Bhure Singh and the petitioner erupted, which made the petitioner lodge a First Information Report(FIR) against Bhurey Singh. Bhurey Singh, as a measure of counterblast, lodged an FIR against the petitioner. In connection with Bhure Singh's the petitioner was arrested on 12.06.2020. He was granted bail by this Court on 10.11.2020 in the said crime. While the petitioner was in custody, he was suspended from service due to the long period of his absence and detention in custody. After release on bail, the petitioner requested the respondents to revoke his suspension and pay his salary. Instead, he was given a charge-sheet dated 10.03.2021.

3. After service of the charge-sheet, the petitioner was deputed as an Assistant Manager, Baghpat Regional Office on 12.03.2021. The petitioner submitted a reply to the charge-sheet on 14.03.2021. He denied receipt of letters dated 16.03.2019 and 21.04.2019. The defence taken about the petitioner's absence from 22.11.2018 till 12.06.2020, while posted at the Etawah branch of the Bank, was that he was seriously ill and admitted to the Sir Ganga Ram Hospital, Delhi. The Disciplinary Authority appointed an Inquiry Officer to hold inquiry. At the end of the inquiry, the Inquiry Officer submitted a report, on the basis of which, after issue of a show-cause notice to the petitioner, he was removed from service by the Assistant General Manager, Human Resources Management Section, Canara Bank, Lucknow. The petitioner preferred an appeal to the Appellate Authority on 10.04.2021. The appeal was dismissed by the Appellate Authority, the Deputy General Manager, Human Resources Management, Canara Bank, Head Office, Bangalore, affirming the Disciplinary Authority.

4. Aggrieved, this writ petition has been filed under Article 226 of the Constitution.

5. A supplementary affidavit was filed, bringing on record certain documents, including attendance register in support of the plea that the petitioner was marked