SYNDICATE BANK Vs. G VENKATARAMANI

JUDGEMENT

(1.) THE syndicate bank is the appellant in this intra court appeal. It is aggrieved by the order of the learned single judge, who though did not find any occasion to interfere with the findings of the disciplinary authority and quantum of punishment awarded, has quashed its order merely on the ground that non-payment of subsistence allowance to the respondent strictly in accordance with the regulations amounts to denial of principle of natural Justice resulting in nullification of the entire disciplinary proceedings.

(2.) AT the relevant time, the respondent was working as grade-ii officer in the appellant-bank. In 1992, it came to light that while respondent was working at the bwssb branch, Bangalore, he had committed serious acts of misconduct like falsification of records, misrepresentation of facts in the books of accounts of the branch and acting in excess of his authority. Accordingly, disciplinary proceedings were initiated against him with passing of an order of suspension dated August 7, 1992. Subsequently, articles of charges were issued to him on February 1, 1993. Pursuant thereto, the respondent submitted his explanation but since the same was not found satisfactory, departmental enquiry was initiated. During the enquiry, the management produced 30 documents and examined two witnesses and the respondent was effectively defended by his defence representative who closely cross examined the management witness. But, since ultimately he was found guilty of the charges levelled against him, disciplinary authority awarded punishment of dismissal. The respondent thereupon preferred internal appeal but the same was dismissed. Subsequently, the respondent filed writ petition questioning the orders of the appellate authority as well as the disciplinary authority in which the impugned order has been passed.

(3.) THE learned single judge, as found in para 10 of the impugned Order, has rejected the contentions of the respondent raised regarding merits of the charges by relying on the judgment of the Supreme Court in the case of the disciplinary authority-cum- regional manager, Canara Bank V. Nikunja Bihari Patnaik, 1996 (9) SCC 69 : 1996-ii-llj-379 wherein it has been held that: