D.K.GUPTA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By this writ petition, petitioner impugns the orders passed by the Departmental Authorities i.e Disciplinary Authority and the Appellate Authority. The impugned orders impose upon the petitioner the punishment of removal from service.

(2.) The petitioner was issued a chargesheet dated 22.12.1994. The sum and substance of the charges against the petitioner are that he initiated proposals for giving of loans to M/s. Manju Plywood Industries

(3.) Before I advert to the report of the Enquiry Officer, order of the Disciplinary Authority dated 9.12.1996 and the order of the Appellate Authority dated 14.7.1997, I would like to set out the parameters of the scope of hearing of a writ petition under Article 226 of the Constitution of India, which orders passed by the Departmental Authorities are challenged. The settled law is that the orders of the Departmental Authorities are not challenged unless the same are violative of the rules of the organization/law or are perverse or there is violation of principles of natural justice or the punishment imposed violates the doctrine of proportionality. This Court does not sit as an Appellate Court to re-apprise the findings of facts and conclusions arrived at by the Departmental Authorities. Once the view which is taken by the Departmental Authorities is possible and plausible, it cannot be said that the findings are perverse for this Court to interfere, and that too in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.