Bombay High Court Upholds Dismissal of Bank Employee in Disciplinary Proceeding — Enquiry Found Fair and Findings Not Perverse. Part-I Award of Industrial Tribunal Confirmed as No Violation of Natural Justice or Principles of Evidence.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
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Case Note & Summary

The petitioner, Chandrakant Shinde, an employee of Maharashtra Gramin Bank (a Regional Rural Bank established under the Regional Rural Banks Act, 1976), was subjected to a disciplinary enquiry which resulted in his dismissal. He challenged the enquiry before the Central Government Industrial Tribunal-2, Mumbai (CGIT), which passed a Part-I Award on 22 January 2020 holding that the enquiry was fair and proper and that the findings of the Enquiry Officer were not perverse. Aggrieved, the petitioner filed a writ petition before the Bombay High Court. The court examined the record, including the enquiry proceedings and the impugned award. The petitioner argued that the enquiry was vitiated by violation of natural justice and that the findings were perverse. The respondents, the bank and its officers, supported the award. The High Court, after hearing both sides, found no merit in the petitioner's contentions. It held that the Tribunal had correctly appreciated the evidence and that there was no procedural irregularity. The court noted that the petitioner had been given adequate opportunity to defend himself and that the findings were based on evidence. Consequently, the petition was dismissed, and the Part-I Award was upheld.

Headnote

A) Service Law - Disciplinary Proceedings - Enquiry Fairness - Part-I Award - Challenge to enquiry fairness and perversity of findings - Petitioner, an employee of Maharashtra Gramin Bank, was dismissed after a domestic enquiry - The CGIT in Part-I Award held the enquiry fair and findings not perverse - High Court upheld the award, finding no violation of principles of natural justice or evidence - Held that the Tribunal's conclusion was based on proper appreciation of evidence and no interference warranted (Paras 1-26).

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Issue of Consideration

Whether the Part-I Award of the CGIT holding the enquiry against the petitioner as fair and proper and the findings of the Enquiry Officer as not perverse is sustainable in law.

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Final Decision

The petition is dismissed. The Part-I Award dated 22 January 2020 passed by the learned Presiding Officer, Central Government Industrial Tribunal-2, Mumbai is upheld.

Law Points

  • Disciplinary proceedings
  • Enquiry fairness
  • Perversity of findings
  • Natural justice
  • Evidence in domestic enquiry
  • Part-I Award
  • Industrial Tribunal jurisdiction
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Case Details

2025 LawText (BOM) (12) 207

Writ Petition No. 1929 of 2024

2025-12-23

Sandeep V. Marne

Mr. R. D. D. Bhat for the Petitioner, Mr. Dhananjay Bhange with Ms. Gargi U. Warunjikar for Respondents

Chandrakant Shinde

The Chairman, Maharashtra Gramin Bank & General Manager, Maharashtra Gramin Bank

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Nature of Litigation

Writ petition challenging Part-I Award of Central Government Industrial Tribunal-2, Mumbai, which held that the domestic enquiry against the petitioner was fair and proper and findings not perverse.

Remedy Sought

Petitioner sought quashing of the Part-I Award dated 22 January 2020.

Filing Reason

Petitioner was dismissed from service after a domestic enquiry; he challenged the enquiry before the CGIT, which upheld it, leading to the present writ petition.

Previous Decisions

Part-I Award dated 22 January 2020 by CGIT-2, Mumbai, holding enquiry fair and findings not perverse.

Issues

Whether the enquiry conducted against the petitioner was fair and proper. Whether the findings of the Enquiry Officer were perverse.

Submissions/Arguments

Petitioner argued that the enquiry was vitiated by violation of natural justice and that the findings were perverse. Respondents supported the award, contending that the enquiry was conducted fairly and findings were based on evidence.

Ratio Decidendi

The High Court held that the Tribunal's conclusion that the enquiry was fair and proper and that the findings were not perverse was based on proper appreciation of evidence and did not warrant interference. No violation of natural justice or principles of evidence was found.

Judgment Excerpts

Rule is made returnable forthwith. Petitioner has filed the present Petition challenging Part-I Award dated 22 January 2020 passed by the learned Presiding Officer, Central Government Industrial Tribunal-2, Mumbai (CGIT) holding that the enquiry conducted against the Petitioner is fair and proper and that the findings of the Enquiry Officer are not perverse. Maharashtra Gramin Bank is a Regional Rural Bank (RRB) established under the Regional Rural Banks Act, 1976.

Procedural History

The petitioner was subjected to a domestic enquiry which led to his dismissal. He challenged the enquiry before the Central Government Industrial Tribunal-2, Mumbai, which passed a Part-I Award on 22 January 2020 upholding the enquiry. The petitioner then filed the present writ petition before the Bombay High Court, which was heard and dismissed on 23 December 2025.

Acts & Sections

  • Regional Rural Banks Act, 1976:
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