Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Punjab National Bank Officer Employees (Discipline and Appeal) Regulations 1977-Regulations 6 7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law-Punjab National Bank Officer Employees (Discipline and Appeal) Regulations, 1977-Regulations 6, 7-Disciplinary proceeding-Action on the inquiry report-Finding recorded by Inquiry officer that all or some of the charges alleging misconduct against an official are not proved-Can the disciplinary authority differ from that and give a contrary finding affording any opportunity to delinquent officer-Held, No-Principles of natural justice to be read into Regulation 7(2).Disciplinary proceedings were initiated by the appellant bank against respondents, Assistant Managers of the bank when on physical verification of the currency chest a shortage of Rs. 1 lac currency was found in the bank. An enquiry officer was appointed to hold an enquiry; he found respondent No. 1 guilty only of one charge, namely that he did not sign the relevant register from 28.10.1981 to 9.11.1981 but exonerated him of charges 2 to 6 while respondent 2 was found not guilty of any of the charges alleged against him. The disciplinary authority to whom the reports were submitted did not agree, in the case of respondent 1, with the findings of the inquiry officer in respect of the charges 2 to 6 and held respondent No. 1 to be responsible for the shortage, holding that he being Assistant Manager was in the joint custody of the keys of the currency chest and he had personal responsibility towards safe custody of the cash and that no material had been placed to establish that he had discharged his duties in the manner expected of him. It was held that a minor penalty of proportionate recovery ought to be imposed on the respondent for the loss of Rs. 1 lac caused to the bank due to negligence on ·his part in the discharge of his duties. Against respondent 2 also while not agreeing with the inquiry report the disciplinary authority passed an order directing proportionate recovery of the loss caused to the bank by him. As both respondents superannuated during the pendency of these disciplinary proceedings, the disciplinary authority directed the recovery of the money from the bank's contribution to the Provident fund of the respondent officers. The respondents filed Civil Writ Petition alleging that the disciplinary authority, who had chosen to disagree with the conclusions arrived at by the inquiry officer, could not have come to adverse conclusions without giving them an opportunity of being heard. The High Court allowing the Writ Petition quashed the order imposing penalty and directed the appellants to release the retirement benefits. These appeals were filed against the judgment of the High Court.The appellant contended that Punjab National Bank Officer Employees (Discipline and Appeal) Regulations, 1977 did not require an opportunity of being heard being given to the delinquent officer when the disciplinary authority disagreed with the findings of the inquiring authority once the inquiring authority had given a hearing to them.The respondents submitted that even if there was no provision in the regulations nevertheless it was incumbent upon the punishing authority to give notice to the respondent if the authority desired to differ with a favourable finding recorded by the disciplinary authority were contrary to the provision of the regulations and were based on surmises and conjectures. The question raised for consideration in this appeal is that when the inquiry officer, during the course of disciplinary proceedings, comes to a conclusion that all or some of the. charges alleging misconduct against an official are not proved then can the disciplinary authority differ from that and give a contrary finding without affording any opportunity to the delinquent officer. |
Judge | Honble Mr. Justice B.N. Kirpal |
Neutral Citation | 1998 INSC 311 |
Petitioner | Punjab National Bank And Ors. |
Respondent | Sh. Kunj Behari Misra Etc. |
SCR | [1998] Supp. (1) S.C.R. 22 |
Judgement Date | 1998-08-19 |
Case Number | 1884 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |