A labor tribunal cannot interfere with a proportionate disciplinary penalty for proven financial misconduct when the domestic inquiry is found to be fair and the charges are supported by the preponderance of probabilities, even if criminal proceedings ended in acquittal or other co-accused received lesser punishment.

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO SET ASIDE THE FINAL AWARD DTD.18.2.2020 (NOTIFIED ON 3.3.2020) PASSED BY CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BENGALURU IN C.R.NO.04/2006 (ANNEXURE-J) AND REJECT THE REFERENCE HOLDING THAT THE BANK IS JUSTIFIED IN IMPOSING THE PUNISHMENT OF DISCHARGE FROM SERVICE W.E.F. 16.6.2004 ON THE RESPONDENT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

This writ petition has been filed impugning the award dated 18.02.2020 (notified on 03.03.2020) passed by the Central Government Industrial Tribunal-cum-Labour Court, Bengaluru in C.R.No.04/2006, whereby petitioner-Bank was directed to pay the delinquent employee-respondent 80% of the back wages from 16.06.2004 till he attained the age of superannuation (for almost 13 years).

2. The respondent was working as Typist-cum-Clerk, who faced the disciplinary proceedings for the following charges:

"Whereas you were working as Typist cum Clerk at Mysore- Vontikoppal Branch of the Bank between the period 04.07.1994 and 18.07.2000. It is reported against you as follows:

That M/s Chandana Agencies, a proprietorship concern of Sri L. Narasimha Prasad, dealing in Pharmaceuticals and Steel Furniture (used in hospitals), opened a Current account No. 1799 with Rajajinagar- Bangalore Branch on 01.01.1999 with the introduction of Sri G. Arunachala Sharma, E.6083, then Officer, Inspection and Audit Division, Head Office, Mangalore.

That M/s Chandana Agencies sought for certain credit facilities and the loan application dated 23.12.1998 and relevant appraisal report has been filled in by the aforesaid Sri G Arunachala Sharma. That in terms of letter dated 24.12.1998 Sri C Jayadeva Kamath, Senior Manager, then in charge of Bangalore Rajajinagar Branch has recommended the loan proposal for sanction and forwarded the said loan proposal to the then Regional Office (now redesignated as Zonal Office) Bangalore. That Sri L Narasimha Prasad proprietor of M/s Chandana Agencies is your own brother. That even though Sri G Arunachala Sharma and C Jayadeva Kamath know this fact, they have suppressed the fact from the knowledge of the Regional Office.

That based upon the recommendation of the Branch, on 02.01.1999, Regional Office Bangalore, sanctioned the following limits to M/s Chandana Agencies.

Cash Credit- CC (H) -Rs.20.00 lakhs

Supply Bills Discounting (SBD)- Rs.10.00 lakhs

That Regional Office Bangalore had also stipulated inter alia the following primary and collateral securities for both the limits.

(a) Hypothecation of stock.

(b) EMG of factory land and building belonging to M/s Maxima Electronics, Proprietor Sri P. Raja Pandian at No. 8, S.No. 618/2, Electrical and Electronics Industrial Estate, Hosur, Tamil Nadu, worth Rs. 70.64 lakhs.

(c) Fixed assets of the firm (furniture/fixture and machineries).

(d) Personal guarantee of Sri P. Reja Pandian (Net worth Rs.60.00 lakhs).

That Sri C Jayadeva Kamath was on leave between the period 05.01.1999 and 10.01.1999. That on 06.01.1999, the documents pertaining to the loan account were executed by the proposed borrower and guarantor at the residence of Sri C Jayadeva Kamath, Senior Manager. That you were present along with Sri.K.N Vaidyanathan, E.3830, Officer then working at Bangalore- Rajajinagar Branch and the aforesaid Sri.G.Arunachala Sharma while the documents were being executed by the prospective b