CANARA BANK Vs. V K AWASTHY

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this Appeal is to correctness of the judgment rendered by a Division Bench of the Kerala High Court holding that the order directing respondents dismissal from service was in violation of the principles of natural justice. Therefore, it was held that the order was passed without proper application of mind regarding the findings recorded by the Disciplinary Authority on the basis of report of the enquiry officer, and relating to imposition of punishment. However, High Court permitted the respondent - writ petitioner to make a detailed representation to the Disciplinary Authority in respect of the enquiry proceedings and findings, within a stipulated time and direction was given to the Disciplinary Authority to consider the submission and pass a fresh order. High Court further directed that the period during which respondent was out of service was to be treated as period under suspension, and the employee was to be paid subsistence allowance. It would be relevant to note that the respondent filed a Writ petition questioning the order directing his dismissal from service. Learned single Judge came to hold that the quantum of punishment i.e. dismissal from service was disproportionate to the misconduct proved. It was however, held that no prejudice was caused to the writ petitioner and there was no violation of principles of natural justice. Both the writ petitioner and the present appellant had preferred writ appeals before the High Court, which were heard and disposed of by the impugned common judgment.

(3.) In support of the appeal, Mr. Sudhir Chandra, learned Senior Advocate submitted that the show cause notice was issued on 2.7.1992. Since the respondent was not working at the Branch where he was originally posted and was living at Kanpur, the notice was served on him on 6.8.1992 and 15 days time was granted for the purpose of filing response. Order was passed on 17.8.1992. Even though the respondent-employee preferred an appeal before the prescribed Appellate Authority, in the Memorandum of Appeal there was no stand taken that there was any prejudice caused to him on account of the fact that the order was passed prior to the expiry of the indicated period. He was given personal hearing by the Appellate Authority. Before him also no such stand was taken and no plea regarding any prejudice was raised. That being the position, the learned single Judge was right in holding that there was no prejudice caused. The Division Bench has clearly missed these vital factors and, therefore, its view regarding violation of the principles of natural justice cannot be maintained. Further, in view of the proved misconduct, the punishment imposed cannot in any way be held to be disproportionate. In any event, there was hardly any scope within the limited scope of judicial review to interfere with the quantum of punishment.