The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2261 of 2024 Bank of India and others Hajam Charan Tudu -Versus- …. …. Appellants Respondent Advocates appeared in this case: For Appellants : Mr. Asok Mohanty, Senior Advocate Mr. Karunakar Jena, Advocate For Respondent : Mr. Sidheswar Mallik, Advocate
Legal Reasoning
CORAM: HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN J U D G M E N T ---------------------------------------------------------------------------------- Date of hearing and judgment: 13th May, 2025 ---------------------------------------------------------------------------------- HARISH TANDON, CJ. 1. The judgment of the learned single Judge is assailed in the instant appeal at the behest of the appellants on multiple counts namely, the learned single Judge ought not to have substituted itself as the disciplinary authority by re-appreciating the evidence nor could have proceeded to set aside the punishment inflicted upon the respondent on the ground of bias and/or violation of the principle of natural justice. W.A. No.2261 of 2024 Page 1 of 9 2. Admittedly, the respondent was served with a notice contemplating to initiate a disciplinary proceeding against him for the misconduct reflected in the articles of charges and the statement leading to it in not only the disbursement of the amount but opening of the accounts by using the password, which is exclusively allotted to each of the employees of the bank. The disciplinary proceeding continued in presence of the respondent and amidst the pendency thereof, certain documents were sought by the respondent, which were admittedly not provided to him. Perceiving the same to be a blatant violation of the principle of natural justice, the challenges thrown to the entire disciplinary proceeding, which culminated into an order of dismissal, the writ petition was filed and the learned single Judge has set aside the said order, which is the subject matter of challenge in the instant appeal. 3. Mr. Asok Mohanty, learned senior counsel appearing for the appellants fervently submits that mere violation of principle of natural justice does not ipso facto render the decision infirm and/or illegal unless a prejudice is shown by the delinquent in not supplying the documents as requisitioned by him from the disciplinary authority. He further submits that the imputation of the charges is grave in the prospective of banking business, where the public money is involved W.A. No.2261 of 2024 Page 2 of 9 and any disbursement of the amount without the instruction or sanction of the proper authority is always viewed as a serious misconduct. He further submits that a bank employee is not expected to disclose the password allotted exclusively to him to be used for opening of an account, which was subsequently found to be a fraudulent one and, therefore, such misconduct is not pardonable or condonable and there is no infirmity and/or illegality on the part of the authority in imposing the major penalty. 4. Mr. Sidheswar Mallik, learned counsel for the respondent submits that during the pendency of the disciplinary proceeding, the documents which were requisitioned, were never supplied and, therefore, the authorities not only acted with a pre-determined mind akin to bias but also in flagrant violation of the principle of natural justice. He further submits that there is no pecuniary loss suffered by the bank even such allegation is perceived to be incorrect, therefore, the documents, which the respondent felt necessary during the disciplinary proceeding, if not provided, is a violation of principle of natural justice and causes severe prejudice to the respondent. 5. On the conspectus of the aforesaid undisputed facts and the submissions so advanced before us by the respective counsel let us W.A. No.2261 of 2024 Page 3 of 9 examine whether the judgment of the learned single Judge warrants any interference on the settled legal parameters occupying the field of service jurisprudence. 6. It is no longer res integra that the disciplinary proceeding shall be treated to have been vitiated if the same is conducted in blatant violation of the principle of natural justice. The legal maxim audi alteram partem is ingrained into a legal system and is regarded as a fundamental principle inviting a strict adherence in any judicial, administrative or quasi-judicial proceedings. The person cannot be condemned without affording the opportunity to defend nor can the authorities proceed to decide the fate of the proceedings without affording an adequate opportunity of hearing to the person, who would be affected by such decision. The principles of natural justice gained momentum in a judicial parlance and a paradigm shift in its journey can be seen where mere technical violation of the principle of natural justice may not entail the entire decision liable to be struck down unless the person, who perceived such violation produces the cogent materials that it causes a greater prejudice. The prejudice is a relative term and its applicability varies in a given situation depending upon the facts and circumstances of the case. The prejudice may not be construed as a technical rule but it strikes at W.A. No.2261 of 2024 Page 4 of 9 the root of the cause and denial of opportunities of a meaningful representation and/or participation in a disciplinary proceeding. The contention of the learned Senior Counsel appearing for the appellants that the documents as requisitioned by the delinquent have no bearing on the charges framed against him may in general sense appears to be attracted but equally the Court cannot overlook the fact that document which is in possession of the employer if requisitioned by the delinquent for the purpose of his defence, the denial of providing such document has a cascading effect on a denial of proper opportunities and the violation of the principles of natural justice as well as the prejudice to be caused. Whether such documents will be of any considerable value in the prospective of the charges is to be decided by an authority by providing proper reasons but cannot deny such documents to be handed over which would lay the foundation of a defence in a disciplinary proceeding. 7. We appreciate the submissions made by the learned Senior Counsel appearing for the appellants that the writ Court should not act as an appellate Court nor to re-appreciate the evidence in the disciplinary proceeding but should confine its scrutiny within the four corners of the legal parameters as set forth in this regard. The scope of Article 226 of W.A. No.2261 of 2024 Page 5 of 9 the Constitution of India in relation to a disciplinary proceeding is within the limited compass to be exercised within the contour of law and the writ Court cannot put itself into the arm chair of the Disciplinary Authority being the fact finding authorities. The limited scope of interference against the disciplinary proceeding is well recognized to be exercised on a manifest violation of the principle of natural justice, departure from the statutory provisions, fairness, impartiality and the transparency shown by the Disciplinary Authorities not tainted with bias or of like nature, above all violation of any of the rights guaranteed under the Constitution. 8. The aforesaid principles are mere illustrative and not exhaustive as in an appropriate case, there may be other incidents where the writ Court can interfere with the order of the Disciplinary Authority. In the facts of the present case, the learned single Judge not only found a flagrant violation of the principle of natural justice and the act of the authority to be tainted with bias as it acted with the predetermined mind but the ultimate punishment inflicted is shockingly disproportionate to the gravity of the charges, which shook the conscience of the Court. We cannot overlook the subsequent event happened during the pendency of the proceeding that the respondent has attained the age of W.A. No.2261 of 2024 Page 6 of 9 superannuation and, therefore, the learned single Judge taking into account the said fact directed the monetary benefits admissible to the post held by the respondent to be paid within a time frame with the rider that in default of the payment within the stipulated time, it may attract an interest @ 6% per annum. 9. We are not unmindful of the proposition of law that the Court should not set aside the entire disciplinary proceeding, if the violation of the principles of natural justice is found in the midst thereof, but should have set aside the proceeding from the stage where the Court found the authority to have violated the principle of natural justice. However, in a peculiar fact emerged in the instant case i.e. the respondent attained the age of superannuation in the meantime and the disciplinary authority made a categorical finding that so far as the pecuniary loss is concerned, the delinquent respondent cannot be held responsible alone and, therefore, does not form the same to have been proved. What is held that there may be many persons responsible for the same and, therefore, the respondent cannot be held responsible. Since such finding is not assailed by the Bank in a counter, where the authorities found that the petitioner cannot be held responsible solely for the same and the materials produced before the Court does not reveal that any further steps have W.A. No.2261 of 2024 Page 7 of 9 been taken against the other persons as found by the said authority, we do not find that the disciplinary proceeding shall continue even after the retirement of the respondent. 10. For the reasons as aforesaid, we do not find the ultimate decision of the learned single Judge to be infirmed and/or contrary to the settled proposition of law. However, we appreciate the contention of the appellants that the learned single Judge ought not to have put the default clause that too by awarding the interest to be calculated from the date of the age of superannuation till its disbursement. Since the disciplinary proceeding was initiated resulting into the dismissal from the service, the learned single Judge after setting aside the said decision of the disciplinary authority ought not to have directed the interest to be paid from the date of the superannuation unless there appears to be convincing material in this regard. Equally, we cannot overlook the fact that once the order of dismissal is set aside, it entitles the delinquent to receive the pensionary and other retiral benefits attached to the post which he held at the time of the said order and, therefore, the authority cannot serve the responsibility of making those payments, which are statutorily recognized. W.A. No.2261 of 2024 Page 8 of 9 11. We further find that because of the pendency of the instant appeal, the time limited in the impugned order has elapsed and, therefore, we extend the time for disbursement of the pensionary and retiral benefits by three months from date. In default of the payment within the time indicated in the order, the interest @ 6% per annum shall be paid from the date of the judgment passed by the learned single Judge till its disbursement.
Decision
12. With these observations, the instant writ appeal is disposed of. No order as to costs. (Harish Tandon) Chief Justice (M.S. Raman) Judge S.K. Jena/Secy S.K. Behera Signature Not Verified Digitally Signed Signed by: SISIRA KUMAR BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 15-May-2025 18:34:27 W.A. No.2261 of 2024 Page 9 of 9