TMI Blog2014 (9) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... isagreement and give to the delinquent officer an opportunity to represent before it records its findings. The report of the enquiry officer containing its findings will have to be conveyed and the delinquent officer will have an opportunity to persuade the disciplinary authority to accept the favourable conclusion of the enquiry officer. The principles of natural justice, as we have already observed, require the authority which has to take a final decision and can impose a penalty, to give an opportunity to the officer charged of misconduct to file a representation before the disciplinary authority records its findings on the charges framed against the officer - Following decision of Punjab National Bank & Ors. v. Kunj Behari Misra [1998 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k s interest; (ii) Indulging in un-authorized business against the interest of the Bank; (iii) Mis-utilising official position to benefit relatives and friends against the interest of the Bank; and iv) Concealment of facts from the authorities. B. The appellant submitted his reply to the said charges in July, 1983 denying all the allegations and further submitting that it was the Branch Manager who had sanctioned all the loans and advances and all the entries had been made at his behest. As the Disciplinary Authority was not satisfied with the reply submitted by the appellant, an Enquiry Officer was appointed to examine the charges. C. After conducting and concluding the enquiry, the Enquiry Officer submitted report dated 27. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same to the delinquent seeking his explanation and after considering the same, the punishment could be passed. In the instant case, as such a course had not been resorted to, the punishment order stood vitiated. H. Aggrieved, the respondent Bank preferred LPA before the Division Bench which has been allowed taking a view that as the punishment had been imposed prior to the date of judgment in Managing Director, ECIL, Hyderabad, etc.etc. v. B. Karunakar etc.etc., AIR 1994 SC 1074, i.e. 20.11.1990, and as there was no requirement of issuing a second show cause notice before the punishment was imposed, the question of serving the copy of the reasons recorded for dis-agreement to the delinquent would not arise. Hence, this appeal. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first issue was involved and in the facts of this case, only second issue was involved. The second issue was examined and decided by a three-Judge Bench of this Court in Kunj Behari Misra (supra), wherein the judgment of ECIL (supra) has not only been referred to, but extensively quoted, and it has clearly been stipulated that wherein the second issue is involved, the order of punishment would stand vitiated in case the reasons so recorded by the Disciplinary Authority for dis-agreement with the Enquiry Officer had not been supplied to the delinquent and his explanation had not been sought. While deciding the said case, the court relied upon the earlier judgment of this court in Institute of Chartered Accountants of India v. L.K. Ratna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perannuated on 31-12-1983. During the pendency of these appeals, Misra died on 6-1-1995 and his legal representatives were brought on record. More than 14 years have elapsed since the delinquent officers had superannuated. It will, therefore, not be in the interest of justice that at this stage the cases should be remanded to the disciplinary authority for the start of another innings. 9. The view taken by this Court in the aforesaid case has consistently been approved and followed as is evident from the judgments in Yoginath D. Bagde v. State of Maharashtra Anr., AIR 1999 SC 3734; State Bank of India Ors. v. K.P. Narayanan Kutty, AIR 2003 SC 1100; J.A. Naiksatam v. Prothonotary and Senior Master, High Court of Bombay Ors., AIR 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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