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NAGESH BHEEMAPAKA
K. S. Paranjyothi – Appellant
Versus
State Bank of Hyderabad – Respondent
ORDER :
Calling in question the order passed by the 3rd respondent – Assistant General Manager-cum-Disciplinary Authority dated 03.11.2011 imposing punishment of dismissal without notice and also the order passed by the 2nd respondent - Deputy General Manager-cum-Appellate Authority vide proceedings dated 20.02.2012 dismissing the Appeal duly confirming the punishment of dismissal, petitioner is before this Court.
2. Petitioner was appointed as Typist-cum-clerk on 17.02.1987 and was re-designated as Data Entry Computer Operator. While so, alleging fraud in various transactions including Branch Office Accounts, a charge memo was issued on 15.03.2010 to which he submitted explanation denying the charges on 29.03.2010. After conducting enquiry, the 3rd respondent communicated Enquiry Report dated 30.05.2011 vide letter dated 13.06.2011. Petitioner submitted his explanation to the Enquiry Report on 08.07.2011. The 3rd respondent issued show cause notice to impose punishment of dismissal from service vide his letter dated 13.09.2011. It is stated that petitioner submitted explanation to the show cause notice on 29.10.2011. However, he was dismissed from service by order dated 03.11.2011.
The court emphasized the importance of procedural fairness and parity in disciplinary actions, reducing the punishment from dismissal to withholding increments.
Punishment in disciplinary proceedings must adhere to principles of natural justice and be proportionate to the misconduct; excessive punishment may warrant judicial intervention.
Disciplinary dismissal based on financial misconduct was set aside due to lack of fair process and the employee's prior acquittal in criminal proceedings regarding identical charges.
Distinct allegations against employee charged in the same transaction would be justified being based on a valid classification and no perversity or arbitrariness can be alleged in the process.
Dismissal for misconduct in banking, despite no financial loss, is justified to maintain integrity and trust; procedural irregularities alone do not negate findings unless they cause specific prejudi....
The responsibility of the employee to maintain trust and the principles of natural justice were central to the court's decision.
Judicial review in departmental proceedings is limited to ensuring procedural fairness, not evaluating the merits of evidence. The disciplinary authority's conclusions, supported by some evidence, ar....
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