Ajoy Nath Ray, Ashok Bhushan, JJ. - (1.) -This appeal from the judgment and order of an Hon'ble Single Judge dated 7.9.2005 is summarily disposed of. The writ petitioner respondent was successful in the Court below. He was a bank employee. After holding of an inquiry he was punished with compulsory retirement. It is a major penalty.
(2.) The charges against him were principally abusing and manhandling one D.K. Mehrotra whom, allegedly, he had also beaten with slippers. That the inquiry was held and natural justice was duly complied with is hardly in dispute.
(3.) The Hon'ble Single Judge has found in favour of the writ petitioner on two grounds:- (i) That the delegation of the inquiry officer-cum-officer authorised to pass the original order by the Chief Manager, Personnel Department, Nodal Regional Office, Lucknow was beyond the scope of paragraph 19.14 of the modified Bipartite Settlement, and (ii) That there was no evidence against the employee and that even minor misconduct was not established. Regarding the first point the paragraph 19.14 of the Bipartite Settlement is quoted in his Lordship's Judgment in internal Page 6. The Chief Manager of Lucknow, (a nominated Principal Officer) decided Sri S.K. Kapoor of Jallandhar to be Inquiry Officer and also nominated him as the authority to pass the original order. The said paragraph 19.14 (only the first part of it) is quoted below:- "19.14. The Chief Executive Officer or the Principal Officer in India of a Bank or an Alternate Officer at the Head Office or Principal Office nominated by him for the purpose shall decide which officer (i.e. the disciplinary authority) shall be empowered to take disciplinary action in the case of each office or establishment. He shall also decide which officer or body higher in status than the officers authorised to take disciplinary action shall act as the appellate authority to deal with or hear and dispose of any appeal against orders passed in disciplinary matters. These authorities shall be nominated by designation, to pass, original orders or hear and dispose of appeals from time to time and a notice specifying the authorities so nominated shall be published from time to time on the Bank's notice board. It is clarified that the disciplinary authority may conduct the enquiry himself or appoint another officer as the Enquiry Officer for the purpose of conducting an enquiry.";