Court Finds Disciplinary Authority's Decision Unsupported by Evidence, Directs Fresh Review of Enquiry Report
The Calcutta High Court has quashed the dismissal of Bhaskar Adhikari, a former employee of Bank of India, citing lack of evidence in the disciplinary proceedings that led to his termination. Justice Partha Sarathi Chatterjee, presiding over the case, ruled that the disciplinary authority's decision was not substantiated by reliable evidence and ordered a fresh reconsideration of the enquiry report.
The petitioner, Bhaskar Adhikari, who joined the Bank of India in 1998, was dismissed following allegations of unauthorized activation of dormant pension accounts and misappropriation of Rs. 38.67 lakhs. The disciplinary proceedings initiated by the bank accused Adhikari of acting with dishonest intent and violating the bank's operational norms.
The court noted significant discrepancies between the findings of the Enquiry Officer and the conclusions drawn by the Disciplinary Authority. While the Enquiry Officer found no concrete evidence linking Adhikari to the alleged misappropriation, the Disciplinary Authority overturned these findings, attributing responsibility to Adhikari based on circumstantial evidence.
Justice Chatterjee emphasized that the principles of natural justice require findings in disciplinary proceedings to be supported by evidence. The court observed that the disciplinary authority failed to provide a logical basis for its conclusions, relying instead on assumptions and presumptions without adequate proof.
The judgment highlighted that the activation of dormant accounts is a multi-step process involving several employees, and it was improbable that Adhikari acted alone. The court criticized the bank for not initiating disciplinary proceedings against other staff members involved in the transactions.
In its judgment, the court remanded the matter to the Disciplinary Authority, instructing it to reconsider the enquiry report while taking into account the observations made by the court. The authority is to complete this process within four weeks, ensuring adherence to the principles of natural justice and proportionality in its final decision.
The court's decision underscores the importance of evidence-based findings in disciplinary proceedings and reinforces the standards of fairness and reasonableness expected in service jurisprudence.
Bottom Line:
In disciplinary proceedings, findings must be supported by evidence. Punishment disproportionate to proven misconduct can be set aside, but the matter may be remanded for reconsideration from the stage of procedural defect.
Statutory provision(s): Article 226 of the Constitution of India, Industrial Disputes Act, 1947, Banking Regulation Act, 1949.
Bhaskar Adhikari v. Bank of India, (Calcutta) : Law Finder Doc id # 2864421
