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PURUSHAINDRA KUMAR KAURAV
State Bank of India – Appellant
Versus
Tarun Kumar Pradhan – Respondent
ORDER
1. This petition under Article 227 of the Constitution of India is directed against the award dated 15.10.2012 (Annexure P/15) and award dated 16.7.2014 (Annexure P/16) passed by the Central Government Industrial Tribunal (for short “CGIT”) in case No. CGIT/LC- 241/1997, whereby, the order dated 6.9.1995 imposing punishment of termination of the respondent-workman, has been set aside and the respondent- workman has been directed to be reinstated with continuity of service and 40% back wages.
2. The facts of the case are that respondent/workman was appointed in the petitioner-Bank on 1.9.1975 on the post of Clerk-cum-Cashier. He was confirmed in service w.e.f 1.3.1976. On account of some financial irregularities relating to withdrawal of certain amount, a charge sheet dated 11.3.1993 (Annexure P-1) was served on the respondent- workman, wherein, as many as 06 charges were leveled against him. The charges are mainly related to fraudulent withdrawal of certain amount with an object to take wrongful pecuniary advantage, causing loss to the Bank, utilizing official position and violating the rules- procedure applicable to the employees of the petitioner-Bank. The respondent-workma
The management must seek leave of the court/tribunal in the written statement itself to lead additional evidence to support its action in the alternative and without prejudice to its rights and conte....
The court established that a dismissal under the Industrial Disputes Act must adhere to principles of natural justice, and procedural defects can invalidate disciplinary actions.
Departmental inquiries require a preponderance of probabilities for proof, differing from the strict standards in criminal trials, and insufficient evidence can render dismissal illegal.
The judgment emphasizes the limited scope of interference in departmental proceedings under Articles 226 and 227 and the importance of justifying the penalty imposed.
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