SARWAN SINGH @ SWARAN SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE instant writ petition is directed against the award dated 18.02.2013 passed by the Industrial Tribunal -cum -Labour Court, Hissar, whereby the reference has been answered against the petitioner and the action of the Sirsa Central Cooperative Bank Limited in having imposed the penalty of dismissal upon the petitioner has been upheld.

(2.) IT may be taken note of that even though, in the pleadings on record, it has been averred that the inquiry proceedings conducted against the petitioner were not fair and proper and neither was copy of the inquiry report furnished to the petitioner along with show cause notice, yet such grounds have not been pressed at the time of arguments. Counsel for the petitioner has been heard at length and the pleadings on record have been perused.

(3.) THE scope and extent of judicial scrutiny in administrative decisions relating to punishment in disciplinary cases questioned as arbitrary under Article 14 of the Constitution of India and as regards the quantum of punishment awarded, has been considered by the Hon'ble Supreme Court in a catena of judgments. In BC Chaturvedi v. Union of India and others, 1996 1 SCT 617, it was observed as follows: