V. S. TRIPATHI Vs. GENERAL MANAGER, CANARA BANK

JUDGEMENT

(1.) Failure to use ultra violet lamp provided to detect alterations in Demand Drafts and cheques, etc. whether it would amount to mere lapse or can be said to be misconduct. Need for vigilance in the banking sector to ensure that frauds do not go undetected. An altered Demand Draft passed by the petitioner, who failed to use ultra violet lamp provided for detecting alterations. Held, that the petitioner had failed to remain diligent and that he was negligent in discharging his duties which has resulted in financial loss. It was further held that the petitioner has not at all used the ultra violet lamp, though he was expected to pass such document through the same so as to rule out the possibility of naked eye omitting to notice alterations. It is required to be noted that the omission to subject the impugned D.D. to the test of ultra violet lamp would amount to omitting to perform duty which was expected of him. In the context of banking institution such exercise on the part of the officer shall have to be strictly followed as any laxity in this behalf would erode discipline and would result into frauds going unnoticed.

(2.) The court held that while the choice and punishment are within the jurisdiction and discretion of the authority imposing the punishment, but the approach of the Disciplinary Authority while imposing punishment should be rational and reasonable. Every misconduct does not call for a severe penalty of dismissal or removal. The nature of misconduct is to be kept in mind while imposing the penalty. The right to impose penalty carries with it the duty to act justly. The penalty imposed must be commensurate with the gravity of the misconduct and any penalty disproportionate to the gravity of the misconduct would be violative of Article 14 of the Constitution of India. Oscar Wilde's dictum, "Moderation is a fatal thing. Nothing succeeds like excess" cannot be accepted in the present-day context in the country wedded to the principal of equality before law in the matter of employment. There must be graded punishment for graded misconduct because that penalty is just which does not suffer from undue mitigation or immoderate exaggeration. Petition partly allowed (so far as failure to decide leave fare concession is concerned).