Case Note & Summary
The petitioner, Narendra Suryabhan Wahane, was appointed as a Clerk-cum-Cashier with Bank of Baroda in 1975 and later promoted to officer and then to MMII scale. In 1998, he was transferred to the Old Cotton Market, Akola branch. While working as Manager (Credit) at that branch, he was suspended on 11.07.2001. On 15.04.2002, disciplinary proceedings were initiated against him under Regulation 6 of the Bank of Baroda Officer Employees' (Discipline and Appeal) Regulation, 1976. The articles of charge alleged that he committed serious misconduct by sanctioning loans without proper verification, in violation of bank norms and Regulations 3(1) and 24 of the Bank of Baroda Officer Employees' (Conduct) Regulations, 1976. The petitioner submitted his reply. An enquiry was conducted, and the enquiry officer found the charges proved. The disciplinary authority imposed the penalty of removal from service on 14.01.2004. The petitioner's appeal to the appellate authority was rejected on 17.03.2005. The petitioner then filed a writ petition challenging both orders. The court considered the arguments of the petitioner's counsel, who contended that the enquiry was vitiated due to non-supply of documents and that the punishment was disproportionate. The respondents' counsel argued that the enquiry was fair and the punishment was commensurate with the gravity of the misconduct. The court examined the record and found that the petitioner was given adequate opportunity to defend himself, and the charges were proved based on evidence, including the petitioner's own admission. The court held that the disciplinary proceedings were valid and the punishment of removal was not disproportionate. The writ petition was dismissed.
Headnote
A) Service Law - Disciplinary Proceedings - Natural Justice - Bank of Baroda Officer Employees' (Discipline and Appeal) Regulation, 1976 - The petitioner challenged the penalty of removal from service imposed by the disciplinary authority and confirmed by the appellate authority. The court examined whether the enquiry was conducted in accordance with the regulations and whether the punishment was proportionate. Held that the enquiry was fair and the punishment was not disproportionate (Paras 1-10). B) Service Law - Misconduct - Loan Sanctioning - Bank of Baroda Officer Employees' (Conduct) Regulations, 1976 - The petitioner, a manager, was charged with sanctioning loans without proper verification and in violation of bank norms. The court found that the charges were proved based on evidence, including admission by the petitioner. Held that the misconduct was serious and warranted removal (Paras 3-8).
Issue of Consideration
Whether the disciplinary proceedings and the penalty of removal from service imposed on the petitioner were valid and proportionate, and whether the principles of natural justice were violated.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the disciplinary authority and appellate authority imposing penalty of removal from service.
Law Points
- Disciplinary proceedings
- natural justice
- proportionality of punishment
- judicial review of disciplinary matters
- misconduct by bank officer
