TANUMOY BASU Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) THE writ petitioner was employed by the respondent United Bank of India mainly for his achievements in the field of football as a player. He was posted at the Howrah Branch of the bank when he received memo dated 30th June, 2004 informing him disciplinary action was contemplated against him and he was suspended with immediate effect. The Disciplinary Authority by letter dated 23rd November, 2004 delivered the article of charge and the statement of allegations. By a further letter dated 31st January, 2005 the charge -sheet issued earlier was amended. The inquiry proceeding was held and inquiry report dated 24th March, 2005 submitted.

(2.) UPON consideration of the inquiry report, by letter dated 11th May, 2005 the Disciplinary Authority imposed upon the petitioner the major punishment of dismissal from the bank's service with immediate effect which shall ordinarily be disqualification for future employment. On appeal preferred therefrom the Appellate Authority by his order dated 2nd September, 2005 confirmed the punishment imposed by the Disciplinary Authority.

(3.) MR . Saha Roy next submitted that in any event there was no reason disclosed in the order of the Disciplinary Authority for finding agreement with the inquiry report and thereupon awarding major punishment. In the circumstances, the petitioner was entitled to maintain his challenge against the said charge -sheet as amended, the inquiry report, the order of the Disciplinary Authority as well as the order of the Appellate Authority. To emphasize the points made Mr. Saha Roy relied upon the decision reported in (2012) 4 Supreme Court Cases 407 (Raviyashwant Bhoir Vs. Collector), in paragraph 8 of which judgment the Hon'ble Supreme Court had declared it is a settled proposition of law that even in administrative matters, the reasons should be recorded as it is incumbent upon the authorities to pass a speaking and reasoned order.