HRISHIKESH MISHRA Vs. MANAGEMENT, STATE BANK OF INDIA

JUDGEMENT

(1.) Late Sachidanand Mishra was appointed as Typist-cum-Clerk in the State Bank of India at Kolkata in the year 1974. During his lifetime, he was served with a memo of charges on 28.12.1991 which culminated in the departmental proceeding. The findings of the Enquiry Officer was challenged by late Sachidanand Mishra and the matter was referred to under Section 10(1)(d) of the Industrial Dispute Act, 1947 to the Central Government Industrial Tribunal-cum-Labour Court it, Dhanbad. Once the case was registered, Sachidanand Mishra died. He was duly substituted by his son, who filed a written statement before the Central Government Industrial Tribunal, Dhanbad challenging the orders passed by the Enquiry Officer and the Disciplinary Authorities. The Industrial Tribunal, in essence, held that it would not interfere and appraise the findings of the Enquiry Officer and the subsequent appeals filed against the said findings of the Enquiry Officer by late Sachidanand Mishra, it will only consider whether the quantum of punishment is justified.

(2.) Counsel appearing on behalf of the petitioner seeks to challenge the procedure, in which the departmental enquiry was conducted, the findings of the Enquiry Officer, Disciplinary Authority, Appellate Authority as well as the award of the Industrial Tribunal. The facts reveal that a charge-sheet was served on late Sachidanand Mishra asking him to show cause on the following charges:--

(3.) It has been said in the charge-sheet that the aforesaid charges amount to gross misconduct under paras 521(4)(e) and 521 (4)(j) of the Sastri Award as retained by Desai Award. It may be noted that while serving the charges, the documents on which the Enquiry Officer intended to rely upon were not annexed with the charge-sheet. The enquiry was initiated and the order passed by the Enquiry Officer is contained in Annexure-14. Late Sachidanand Mishra raised several objections during the proceeding including a prayer to produce the original documents and prove the said documents.