IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 11961 of 2009
DATE OF DECISION : 06.10.2009
Om Parkash
... PETITIONER
Versus
Union Bank of India and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. Praveen Gupta, Advocate,
for the petitioner.
***
SATISH KUMAR MITTAL , J.
The petitioner has challenged the order dated 24.4.2006
(Annexure P-4), passed by the Disciplinary Authority, whereby the penalty
of dismissal from the services of the bank has been imposed on him; as well
as the order dated 14.8.2007 (Annexure P-7), whereby his appeal against the
aforesaid order has been dismissed.
In the present case, the petitioner was charge sheeted on the
allegation that while working as Head Cashier, Bankner Branch, he was
involved in various fraudulent transactions in connivance with the Branch
Manager and Accountant and had misappropriated the loan amounts and the
instalments of the loans received by him from the parties/borrowers. A
departmental enquiry was held, in which the charges levelled against the
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petitioner were proved. The enquiry report has been annexed with the
petition as Annexure P-3/A. Copy of the enquiry report was given to the
petitioner and before passing the order of punishment, the petitioner was
provided an opportunity of hearing. It is admitted position that before
passing the order of punishment, the petitioner filed detailed written
submissions and he was also heard and thereafter, the order of dismissal
from service was passed against him. The Appellate Authority, after
considering the various submissions and after providing personal hearing to
the petitioner, dismissed the appeal.
I have heard the arguments of learned counsel for the petitioner
and have perused the orders, passed by the Disciplinary Authority as well as
the Appellate Authority.
Learned counsel for the petitioner argued that the impugned
order of dismissal from service has been passed in gross violation of the
principles of natural justice, as before passing the order of punishment, no
show cause notice was issued to the petitioner to make submissions on the
findings recorded by the Enquiry Officer. In support of his contention,
learned counsel relied upon the decision of the Supreme Court in State
Bank of India and others Versus Ranjit Kumar Chakraborty and Anr.,
2009 (3) Service Cases Today 406.
I do not find any substance in the submission made by learned
counsel for the petitioner. It is the conceded position that there is no
provision in the Bipartite settlement, which is applicable in case of the
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petitioner, to call for the submissions of the delinquent employee on the
findings of the Enquiry Officer. However, before passing the order of
punishment, the petitioner was supplied copy of the enquiry report and he
was also given personal hearing. It is the admitted position that in view of
the said opportunity, the petitioner made detailed written submissions and
also made oral submissions, and after considering the same, the Disciplinary
Authority imposed the impugned penalty on the petitioner. Therefore, in my
view, in the instant case, it cannot be said that while imposing the penalty of
dismissal from service, the principle of natural justice has been violated.
The judgment cited by learned counsel is not applicable to the facts and
circumstances of this case. In that case, the Disciplinary Authority was not
competent to impose major penalty, therefore, the matter was placed before
the Appointing Authority, who passed the order of major penalty of
dismissal, without hearing the delinquent employee. A contention was
raised that since the rules were silent with regard to giving hearing to the
delinquent employee by the Appointing Authority before passing the order
of major penalty, therefore, the order was valid. While rejecting the said
contention, it was observed that a hearing should be given to a person who
is being punished with a major penalty. The principle of natural justice has
to be read in the Rule, even though the Rule is silent. In the instant case,
before imposing the major penalty on the petitioner, his written submissions
made by the petitioner were considered and a personal hearing was provided
to him. Therefore, it cannot be said that while passing the impugned order,
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the principle of natural justice has been violated.
Secondly, learned counsel for the petitioner argued that the
punishment of dismissal is disproportionate to the charges, alleged to have
been proved against the petitioner. I do not find any force in this submission
also. A perusal of the enquiry report reveals that all the charges levelled
against the petitioner stand proved. A finding has been recorded that the
petitioner misutilised bank’s funds by pocketing the amount given to him for
deposit by parties, claimed superfluous conveyance without incurring any
expenditure for same and, therefore, had misappropriated bank’s funds for
his personal gains, which tarnished the bank’s image. It is well settled that
this Court in exercise of the power under Article 226 of the Constitution of
India should not interfere with the administrative decision, unless it was
illogical, suffering from procedural impropriety or was shocking to the
conscious of the Court, in the sense that it was in defiance of logic or moral
standards. Keeping in view the facts of the case, nature of the allegations
and the findings recorded by the Enquiry Officer, I do not find that the
punishment imposed on the petitioner is disproportionate.
Further, a perusal of the enquiry report reveals that the
petitioner was given full opportunity to defend the charges levelled against
him. The Enquiry Officer, while considering each and every evidence
produced by the parties, has recorded the finding against the petitioner.
Counsel for the petitioner could not point out any illegality or perversity in
the said finding of fact, on the basis of which the impugned order has been
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passed, after complying with the principle of natural justice. Thus, I do not
find any illegality in the impugned order.
Dismissed.
October 06, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE