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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Jag Pal Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. The petitioner, while working in a clerical cadre as a Cashier with Respondent-State Bank of India at Gonda Branch, has faced a disciplinary proceedings and his name was also revealed during investigation as an accused in a F.I.R. lodged by one Asha Pundir on 20.06.2024 about withdrawal of Rs.55 lakhs from her bank account without her information or permission.
2. The petitioner was arrested on 26.11.2014 and was released on bail vide an order dated 09.02.2015 passed by Special Judge, E.C. Act/Additional Sessions Judge, Aligarh.
3. After investigation, a charge-sheet was filed on 18.04.2015 against the petitioner also on which cognizance was taken and trial was commenced.
4. According to supplementary affidavit filed by the petitioner on 28.01.2024, after framing charges, some of the prosecution witnesses were examined and two co-accused were also summoned on basis of an application filed under Section 319 Cr.P.C., therefore, it appears that trial is still not concluded.
5. Simultaneously, petitioner has faced a disciplinary proceeding also and departmental charge-sheet dated 28.02.2015 was submitted and petitioner was placed under suspension.
Disciplinary proceedings must be based on independent evidence rather than solely on confessions made during police investigations; absence thereof renders penalties invalid.
Disciplinary proceedings must be substantiated with oral evidence; reliance solely on documents, without testimonial support, renders findings invalid.
The court emphasized the importance of procedural fairness and parity in disciplinary actions, reducing the punishment from dismissal to withholding increments.
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
The court emphasized the limited scope of judicial interference in disciplinary proceedings, the need for evidence to support findings, and the importance of following prescribed procedures and rules....
Punishment in disciplinary proceedings must adhere to principles of natural justice and be proportionate to the misconduct; excessive punishment may warrant judicial intervention.
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