STATE BANK OF INDIA Vs. SONPAL SINGH KOLI

JUDGEMENT

(1.) This Petition under Article 226 of Constitution of India has been filed against the Award, dtd. 1/12/2016 passed by CGIT, Jabalpur in Case No.CGIT/LC/R/134/03 by which the Departmental Enquiry conducted by the Petitioner against the Workman has been set aside and he has been directed to be reinstated with 100% Back Wages.

(2.) It is submitted by Counsel for Petitioner that Respondent was working as Assistant (Cash/Accounts) at Sabalgarh Branch of the Bank. He was indulged in financial irregularities, as a result Departmental Enquiry was conducted and ultimately an Order of Dismissal from service was passed. The Respondent raised an Industrial Dispute, which was referred to CGIT, Jabalpur. The Tribunal by Order, dtd. 26/11/2012 answered the Preliminary issue with regard to legality and validity of Departmental Enquiry in favour of Petitioner. However, by the same order the Tribunal fixed the case for consideration of propriety of findings of guilt and punishment.

(3.) It is fairly conceded by Counsel for Petitioner that in spite of multiple opportunities granted by Tribunal, the Petitioner could not produce the Departmental Enquiry proceedings including the documentary as well as oral evidence and, therefore, the Tribunal held that the findings of guilt recorded by the department appears to be based on no evidence. As a consequence thereof, the Tribunal has set aside the Departmental proceedings and has directed for reinstatement of Respondent with continuity of service with full Back Wages.