Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : Dismissal for misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Dismissal for misconduct-Dismissed employee did not specifically plead violation of principles of natural justice, while passing of the order of dismissal, in either the Memorandum of Appeal or at the time of personal hearing before Appellate authority-He also placed no material to show as to how he was prejudiced-In such circumstances, held, conclusion of the Division Bench of High Court that there was violation of natural justice cannot be maintained-Administrative Law-Natural Justice. Punishment-Limited scope of judicial review-Several acts of misconduct committed by employee prejudicial to interest of employer-bank-In such case, held, punishment of dismissal cannot be held to be disproportionate warranting interference by Court-Administrative Law-Administrative action-Principle of "proportionality". Administrative Law : Natural Justice-Rules of "nemo judex in causa sua" and "audi alteram partem "- Administrative order involving "civil consequences" must be consistent with the rules of natural justice. Respondent-employee in appellant-bank was served with a charge sheet. The Inquiry Officer after considering the explanations of respondent-employee held the charges to have been amply proved and recommended his dismissal from service, which was accepted by the Disciplinary Authority. Appeal filed before the prescribed Appellate Authority was dismissed. Respondent filed Writ Petition, on which Single Judge of High Court held that the quantum of punishment i.e. dismissal was disproportionate to the misconduct proved, but held that no prejudice was caused to the respondent and that there was no violation of principles of natural justice. Both respondent and the appellant-employer filed writ appeals. Division Bench of High Court held that the order directing respondent's dismissal from service was in violation of the principles of natural justice, and that it was passed without proper application of mind. It permitted the respondent to make a detailed representation to the Disciplinary Authority in respect of the enquiry proceedings and findings, within a stipulated time and directed the Disciplinary Authority to consider the same and pass a fresh order. In appeal to this Court, it was submitted that in the Memorandum of Appeal before the prescribed Appellate Authority, no stand was taken by the respondent-employee that any prejudice was caused to him; that he was given personal hearing by the Appellate Authority but before him also no plea regarding any prejudice was raised; that the Division Bench missed these vital factors and hence its view regarding violation of principles of natural justice cannot be maintained. It was further submitted that in view of the proved misconduct, the punishment imposed cannot be held to be disproportionate, and that in any event, there was hardly any scope within the limited scope of judicial review to interfere with the quantum of punishment. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 175 |
Petitioner | Canara Bank |
Respondent | V.k. Awasthy |
SCR | [2005] 3 S.C.R. 81 |
Judgement Date | 2005-03-31 |
Case Number | 2300 |
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