B R SHARMA Vs. SYNDICATE BANK AND ORS

JUDGEMENT

(1.) By this writ petition, the petitioner impugns the orders passed by the departmental authorities; the disciplinary authority dated 24.6.1995 and the appellate authority dated 9.2.1996; imposing the punishment on the petitioner of reduction in basic pay by three stages in the time scale of pay.

(2.) The facts of the case are that petitioner was issued a charge-sheet dated 18.11.1992, inter alia raising two charges against the petitioner. First was of not relieving an employee posted at the extension counter at the DTC Patpar Ganj back to the parent branch at Nirman Vihar, New Delhi and secondly of assaulting Sh. G.R. Shenoy, Manager of the Nirman Vihar Branch when he came to the branch on 6.11.1992 besides abusing him in very grave language with relation to his sister. Petitioner pleaded not guilty to the charge-sheet and therefore departmental proceedings were initiated against him. Before the enquiry officer, management/bank led evidence of two witnesses. Petitioner cross-examined these witnesses. Petitioner however did not step into the witness box and depose. Petitioner also did not lead the evidence of any of his witnesses. Enquiry officer thereafter gave his detailed report dated 2.8.1994 holding the petitioner guilty. This report of the enquiry officer has been accepted by the disciplinary authority and the appellate authority and petitioner was imposed the punishment of reduction of pay scale in three stages in the time scale of pay.

(3.) Before I advert to the arguments urged on behalf of the petitioner, the scope of hearing in a petition under Article 226 of the Constitution of India which challenges the departmental proceedings needs to be set out. Orders of the departmental authorities can be challenged on the ground of either the findings being perverse or the same being in violation of principles of natural justice or the findings being against the rules of the organization/law. It is settled law that this Court does not sit as an Appellate Court to reappraise the findings of facts and conclusions of the departmental authorities.