Case Note & Summary
The petitioner, Rajendraprasad Shukla, was employed as Chief Manager (Finance) at Western Coalfields Limited (WCL), a subsidiary of Coal India Limited. He was served with a charge sheet alleging that while serving as Area Finance Manager at Wani North Area during 2012-13, he committed gross misconduct by accepting a forged bank guarantee from M/s BNS Infrastructure Private Limited against retention money, in violation of Clause 3.07, sub-clause 30.3 of the CMC Manual. An enquiry was conducted, and the enquiry officer found the charges proved. The disciplinary authority imposed a penalty of reduction to one stage lower in time scale for one year. The petitioner's appeal to the Chairman of Coal India Limited was dismissed. The petitioner challenged both orders by way of a writ petition. The court examined the record and found that the petitioner had forwarded a note without raising any objection regarding the acceptance of the bank guarantee, which was irregular. The court held that the findings of the enquiry officer were based on evidence and were not perverse. The court also noted that the punishment was not shockingly disproportionate and declined to interfere. The writ petition was dismissed.
Headnote
A) Service Law - Disciplinary Proceedings - Misconduct - Acceptance of Forged Bank Guarantee - The petitioner, a Chief Manager (Finance), was charged with gross misconduct for accepting a forged bank guarantee against retention money and not following CMC Manual guidelines. The court held that the findings of the enquiry officer were based on evidence and the punishment of reduction to one stage lower in time scale for one year was proportionate. (Paras 1-10) B) Service Law - Judicial Review - Interference with Punishment - The court reiterated that the scope of judicial review in disciplinary matters is limited and interference is warranted only if the punishment is shockingly disproportionate. The court found no such disproportion in the present case. (Paras 8-10)
Issue of Consideration
Whether the disciplinary action and punishment imposed on the petitioner for accepting a forged bank guarantee and violating CMC Manual guidelines are sustainable.
Final Decision
Writ petition dismissed. The order dated 02-05-2016 of the disciplinary authority and the appellate order dated 19-01-2017 are upheld.
Law Points
- Disciplinary proceedings
- misconduct
- judicial review
- proportionality of punishment
- CMC Manual
