Case Note & Summary
The petitioner, Ashutosh Anil Joshi, was initially appointed as a Probationary Officer with Yavatmal Gramin Bank and later as a Junior Management Scale-I Officer. Upon amalgamation of rural banks on 12/09/2005, he was absorbed into Vidharbha Kshetriya Gramin Bank (respondent No.1). His service conditions were governed by the Vidharbha Kshetriya Gramin Bank (Officers and Employees) Service Regulations, 2005. While posted as Second Officer at Wadgaon Branch from May 2007 to May 2009, the bank issued two charge-sheets alleging misconduct. After a departmental enquiry, the disciplinary authority dismissed him from service. The appellate authority (Board of Directors) dismissed his appeal on 03/11/2012. The petitioner challenged these orders by way of a writ petition before the Bombay High Court, Nagpur Bench. The court heard arguments from both sides. The petitioner's counsel contended that the enquiry was vitiated by procedural irregularities and that the punishment was disproportionate. The respondents' counsel argued that the enquiry was conducted in accordance with the regulations and that the punishment was commensurate with the gravity of the misconduct. The court, after perusing the record, found that the enquiry was fair and the findings were based on evidence. The court held that the disciplinary authority's order and the appellate authority's confirmation did not suffer from any legal infirmity warranting interference under writ jurisdiction. The petition was dismissed.
Headnote
A) Service Law - Disciplinary Proceedings - Dismissal from Service - Vidharbha Kshetriya Gramin Bank (Officers and Employees) Service Regulations, 2005 - The petitioner, a bank officer, was dismissed after a departmental enquiry for misconduct while posted at Wadgaon Branch. The court examined whether the enquiry was conducted fairly and the punishment was proportionate. Held that the disciplinary authority's order was based on evidence and the appellate authority's confirmation was proper; no interference warranted (Paras 2-4).
Issue of Consideration
Whether the order of dismissal from service passed by the disciplinary authority and confirmed by the appellate authority is sustainable in law and whether the punishment is proportionate to the misconduct proved.
Final Decision
The writ petition is dismissed. The order of the disciplinary authority dismissing the petitioner from service and the appellate authority's order confirming the same are upheld.
Law Points
- Natural justice
- disciplinary proceedings
- proportionality of punishment
- judicial review of departmental enquiries
- service regulations
Case Details
2022 LawText (BOM) (09) 148
WRIT PETITION NO.3187 OF 2013
A.S. Chandurkar, Urmila Joshi-Phalke
Rohit Joshi for petitioner, A.S. Jaiswal (Sr. Advocate) with Ms Aditi Panpalia for respondents
Vidharbha Konkan Gramin Bank, The Chairman and Disciplinary Authority, The Board of Directors & Appellate Authority
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Nature of Litigation
Writ petition challenging the order of dismissal from service passed by the disciplinary authority and confirmed by the appellate authority.
Remedy Sought
The petitioner sought quashing of the appellate authority's order dated 03/11/2012 and the disciplinary authority's order of dismissal.
Filing Reason
The petitioner was dismissed from service after a departmental enquiry for alleged misconduct while posted at Wadgaon Branch.
Previous Decisions
The disciplinary authority dismissed the petitioner from service; the appellate authority dismissed the appeal on 03/11/2012.
Issues
Whether the order of dismissal from service is sustainable in law.
Whether the punishment of dismissal is proportionate to the misconduct proved.
Submissions/Arguments
Petitioner argued that the enquiry was vitiated by procedural irregularities and the punishment was disproportionate.
Respondents argued that the enquiry was conducted fairly in accordance with the regulations and the punishment was commensurate with the gravity of the misconduct.
Ratio Decidendi
The court held that the disciplinary authority's order was based on sufficient evidence and the enquiry was conducted in accordance with the service regulations. The appellate authority's confirmation was proper. No interference is warranted under writ jurisdiction as the findings are not perverse and the punishment is not disproportionate.
Judgment Excerpts
By this writ petition, the petitioner has challenged the order of respondent No.3-The Board of Directors and Appellate Authority, Vidharbha Kshetriya Gramin Bank, Akola dated 03/11/2012 by which the appeal of the petitioner was dismissed by denying any interference in the order passed by the Disciplinary Authority in the enquiry proceedings.
Procedural History
The petitioner was issued two charge-sheets for misconduct while posted at Wadgaon Branch. A departmental enquiry was held, and the disciplinary authority dismissed him from service. The petitioner appealed to the Board of Directors (appellate authority), which dismissed the appeal on 03/11/2012. The petitioner then filed the present writ petition before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Vidharbha Kshetriya Gramin Bank (Officers and Employees) Service Regulations, 2005:
