NDLI: Deputy General Manager (appellate Authority) and Others Vs. Ajai Kumar Srivastava

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law: Bank service
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Bank service – Misappropriation of funds – Dismissal from service – Enquiry officer noticed in his enquiry report that the respondent delinquent neither produced any document nor witness in self-defence and even never requested to allow him to defend him by a representative of his choice – Enquiry officer examined all the charges and found charges 2 to 7 proved while charge no.1 was held to be not proved – Disciplinary authority revisited the record of enquiry and while upholding the finding of fact in reference to charge no.2-7 disagreed on finding on charge no.1 and held charge no.1 to be proved – Appellate authority upheld the finding of the disciplinary authority and confirmed the punishment of dismissal – High Court set aside punishment of dismissal holding that disagreement of disciplinary authority on charge no.1 caused great prejudice to the employee and, that apart, the disciplinary/appellate authority passed a non-speaking order which was in violation of the principles of natural justice – On appeal, held: Disciplinary authority on receiving the report of enquiry, if was not in agreement with the finding of enquiry officer, was under an obligation to record its reasons of disagreement and call upon the delinquent for his explanation in the first place before recording his finding of guilt – Thus, the procedure as prescribed by law was not followed and that caused prejudice to the respondent and it was in violation of the principles of natural justice – So far as the finding of guilt recorded by the disciplinary authority in reference to charge No. 1 was concerned, that could not be held to be justified in holding him guilty – But charge no.1 is severable from the other charges (charge nos. 2-7) levelled against the respondent which were found proved by the enquiry officer – If the order of dismissal was based on the findings of charge no. 1 alone, it would have been possible for the Court to declare the order of dismissal illegal but finding of guilt being recorded by enquiry officer in his report in reference to charges nos.2-7 and confirmed by the disciplinary/appellate authority was not liable to be interfered with and those findings established the guilt of grave delinquency. Judicial Review: Scope of – Held: Power of judicial review of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself – It is to ensure fairness in treatment and not to ensure fairness of conclusion Constitution of India: Arts.226, 136 – Power of judicial review in the matters of disciplinary inquiries – Constitutional Court while exercising its jurisdiction of judicial review under Art.226 or Art.136 of the Constitution would not interfere with the findings of fact arrived at in the departmental inquiry proceedings except in a case of malafides or perversity, i.e., where there is no evidence to support a finding or where a finding is such that no man acting reasonably and with objectivity could have arrived at that findings and so long as there is some evidence to support the conclusion arrived at by the departmental authority, the same has to be sustained. Service Law: Departmental enquiry – It is true that strict rules of evidence are not applicable to departmental enquiry proceedings – However, the only requirement of law is that the allegation against the delinquent must be established by such evidence acting upon which a reasonable person acting reasonably and with objectivity may arrive at a finding upholding the gravity of the charge against the delinquent employee. Bank/Banking: Bank service – Misappropriation of funds – Dismissal from service – In banking business absolute devotion, integrity and honesty is a sine qua non for every bank employee – It requires the employee to maintain good conduct and discipline and he deals with money of the depositors and the customers and if it is not observed, the confidence of the public/depositors would be impaired – For this additional reason, High Court erred in setting aside order of dismissal of respondent against whom findings of the guilt of grave delinquency were established.
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2021 INSC 7
Petitioner	Deputy General Manager (appellate Authority) And Others
Respondent	Ajai Kumar Srivastava
SCR	[2021] 1 S.C.R. 51
Judgement Date	2021-01-05
Case Number	17

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
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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

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