The court upheld the dismissal of a bank officer for substantial misconduct, emphasizing the standards of integrity and procedural fairness in disciplinary proceedings.

ORDER

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1. This writ petition challenges charge-sheet dated 31^st March, 2014, inquiry report dated 9^th March, 2015 and order dated 15^th May, 2015 passed by the Disciplinary Authority, imposing the penalty of dismissal from service on the Petitioner. The dismissal has been affirmed in appeal and again in review.

Factual Background

2. The background relevant to the present petition is as follows:

2.1. The Petitioner joined Respondent No. 1 Bank as a clerk on 23^rd April, 1990. He was promoted to the post of Manager Scale-I on 12^th June, 2006 and thereafter to Middle Management Grade Scale-II on 11^th June, 2011.

2.2. He was posted at the Khera Bajhera Branch, District Meerut, with effect from 12^th June, 2011. He served there until 7^th August, 2013. He was thereafter posted at Sahukara Branch, Bareilly from 8^th August, 2013 to 14^th June, 2014, and subsequently at Navyug Market Branch, Ghaziabad.

2.3. During an audit conducted in June, 2012 for the year 2011-2012, the audit team raised objections relating to certain irregularities. The Bank called upon the Petitioner to explain the alleged lapses pertaining to the period when he was posted at Khera Bajhera Branch. A memorandum dated 2^nd January, 2014 was issued in relation to the period from 20^th June, 2011 to 7^th August, 2013.

2.4. A charge-sheet dated 31^st March, 2014 followed. A departmental inquiry was conducted, culminating in an inquiry report dated 9^th March, 2015, which held the substantial charges proved. Acting on the inquiry report and the Petitioner’s representation, the Disciplinary Authority imposed the penalty of dismissal from service by order dated 15^th May, 2015.

2.5. The statutory appeal against this order was dismissed on 26^th October, 2015. The Petitioner thereafter preferred review. The review petition, though stated to have been filed in 2016, was ultimately decided by the Reviewing Authority by order dated 25^th November, 2024, affirming the dismissal and rejecting, inter alia, the contentions of procedural unfairness, caste-based bias, alleged insufficiency of evidence, and disproportionality of penalty. The Reviewing Authority recorded that no new material was brought in review, and that the Disciplinary Authority and the Appellate Authority had dealt with the matter independently and in accordance with the Central Bank of India Officer Employees (Discipline and Appeal) Regulations, 1976, including Regulation 4(j), to the following effect: “Observations & findings of the Disciplinary Authority:-

The Disciplinary authority has accorded his Charge wise verdict as follows:

Considering all the verdict of charge, the Disciplinary Authority imposed

the following punishment to the CSOE:

“Dismissal, which shall ordinarily be a disqualification for future employment in terms of Regulation 4(j) of Central Bank of India Officers Employees (Discipline and Appeal) Regulation, 1976 as amended up to date”.

Observations of the Appellate Authority The Appellate Authority has carefully perused all the relevant papers/ documents starting from issuance of memorandum 1032 dated-31.03.2024 till the passing of Final order of the Disciplinary Authority vis-à-vis appeal dated 19.06.2015 preferred by the appellant and observed that the principles of natural justice was duly observed during the conduct of inquiry and full opportunity was given to the Appellant to rebut the charges levelled against him.

While going through the appeal. The Appellate authority has observed that the appellant has not brought in any new fact in respect of charges