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ARINDAM LODH, S. G. CHATTOPADHYAY
Oil And Natural Gas Corporation Limited – Appellant
Versus
Subrata Debbarma – Respondent
| Table of Content |
|---|
| 1. overview of disciplinary proceedings and charges. (Para 1 , 4 , 5) |
| 2. court's observations and assessment of evidence. (Para 2 , 11 , 12) |
| 3. debate on maintainability of the writ petition. (Para 6 , 10) |
| 4. scope of judicial review in disciplinary matters. (Para 8 , 9) |
| 5. final directives on appeal process and representation. (Para 13 , 14 , 15) |
JUDGMENT
Arindam Lodh, J. - This is an intra-court appeal filed by the appellants challenging the legality and validity of the judgment and order dated 21- 11-2019 passed by a learned Single Judge of this court in case No. WP(C) No.1192/2018, titled as Sri Subrata Debbarma v. Oil and Natural Gas Corporation Ltd. & two Ors. whereby and whereunder the learned Single Judge interfered with the penalty imposed by the Disciplinary Authority on the writ petitioner (respondent herein).
2. We have heard Mr. S.K.Deb, learned senior counsel assisted by Mr. A. L. Saha, learned counsel appearing for the appellants and Mr. P. Roy Barman, learned senior counsel assisted by Ms. A. Debbarma, learned counsel appearing for the respondent.
3. The parties in the instant appeal are addressed here-in-below according to their original status in the writ
A disciplinary authority's penalties must be proportionate to the misconduct, and vague charges cannot sustain disciplinary action.
Disciplinary proceedings against bank employees must adhere to established regulations, and decisions upheld by the appellate authority are not subject to re-evaluation by the High Court unless deeme....
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Judicial review in disciplinary matters is limited; courts may intervene if the penalty is shockingly disproportionate to the misconduct.
The disciplinary authority's decision is upheld as the petitioner admitted guilt and the absence was not justifiable per service standards.
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
The disciplinary authority's findings are conclusive unless proven perverse, and the punishment must be proportionate to the misconduct.
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