STATE BANK OF INDIA Vs. KAMAL KISHORE PRASAD

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondents.

(2.) The respondent was a Bank employee. He was proceeded with in a departmental proceeding and an enquiry report submitted. Some of the charges were found not proved while others partly proved. Second show cause notice of the difference of opinion with the Enquiry Officer was given by the disciplinary authority. The petitioner submitted his reply, after which the appointing authority proceeded to dismiss him from service. The appeal preferred against the same has also been dismissed. The judgment under appeal holds that it was a salutary principle of natural justice that one who heard must decide. The second show cause notice for difference of opinion was given by the disciplinary authority and who heard the respondent. A final order came to be passed by the appointing authority. The appointing authority neither gave the show cause notice nor heard the respondent, which was a violation of the basic tenet of the principles of natural justice.

(3.) Upholding the vires of Rule 68(3) (III) of the State Bank of India Officers Service Rules (hereinafter as the Rules), the Court read into it the principles of natural justice to be complied with by the appointing authority to save the vires of the Rules being attacked of the punishment without opportunity.