NDLI: Indian Overseas Bank & Ors. Vs. Om Prakash Lal 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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Bank service – Disciplinary proceedings – Dismissal from service – Respondent employed in appellant-bank/ management as a clerk-cum-cashier – A complaint was made by his sister-in-law that respondent had opened and operated saving bank account in joint name with her by forging her signatures and encashed demand draft which she had received on death of her husband – Inquiry officer opined that bare comparison of the signatures on the account opening form and withdrawal form purportedly signed by sister-in-law of respondent showed that they were different, by looking from the perspective of a “banker’s eye” and that all charges against respondent stood proved – Disciplinary Authority imposed penalty of dismissal from service – Industrial Tribunal held that the management failed to produce original documents and most photocopies of the relevant pages were not readable and thus there was violation of rules of natural justice – However, Tribunal granted an opportunity to the management to prove the charges against the respondent – Management led evidence by producing five witnesses while respondent examined himself – Tribunal answered the reference against the respondent opining that the management was successful in establishing all the charges against him and the punishment of dismissal also was commensurate to the charges levelled and proved against him – Appellant filed writ petition before High Court – High Court allowed writ petition while remitting matter back to Industrial Tribunal in respect of charges 4 and 5 holding that when the earlier departmental proceedings were found to be violative of the principles of natural justice then no findings vis-a-vis charges 1, 2, 3, 6 and 7 should have been arrived at, based on the plea that the management led evidence only in respect of charges 4 and 5 – In respect of charges 4 and 5, it was opined that on the request of the respondent, the signatures of his sister-in-law should have been got compared with her admitted signatures by an expert and then only a correct conclusion could have been arrived at and the Tribunal should have refrained from acting like an expert – On management’s appeal, held: High Court applied the test of criminal proceedings to departmental proceedings while traversing the path of requirement of a hand writing expert to be called for the said purpose – High Court opined that only charges 4 and 5 could really have been gone into by the Industrial Tribunal, which required further evidence in its opinion, of a hand writing expert – So far as the other charges were concerned, a conclusion was reached that no further evidence was led – This was neither the correct approach nor borne out of the record – In fact, evidence was led – Even earlier, the material in respect of other charges emanated from the record of the management which showed the conduct of the respondent – Thus, even the aspect of the other charges could not have been brushed aside in the manner it purported to – On the matter being remitted back, two witnesses deposed as to these aspects – Respondent was a clerk-cum-cashier – It was a post of confidence – He breached that confidence – In fact, the respondent breached the trust of a widowed sister-in-law as well as of the bank, and, therefore, no case was made out for interference either on law or on moral grounds – The punishment imposed on the respondent could also not be said to be disproportionate – The conduct established of the respondent did not entitle him to continue in service.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2022 INSC 69
Petitioner	Indian Overseas Bank & Ors.
Respondent	Om Prakash Lal Srivastava
SCR	[2022] 1 S.C.R. 246
Judgement Date	2022-01-19
Case Number	267

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