Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2022 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (1) TMI 756 - SC - Indian LawsLevy of penalty of dismissal from service - Fraud by the Bank Clerk - industrial dispute - Breach of duty as a custodian of public money - dishonesty, fraud or manipulation of documents - standards of proof of criminal proceedings to disciplinary proceedings as the misconduct by an employee in disciplinary proceedings - probabilities and preponderance of evidence - HELD THAT:- The High Court has fallen into an error in coming to the conclusion in the impugned judgment and directing, once again, the matter to be remitted to the Industrial Tribunal to now seek opinion of a hand writing expert. There are certain inherent legal limitations to the scrutiny of an award of a Tribunal by the High Court while exercising jurisdiction under Article 226 of the Constitution of India. If there is no jurisdictional error or violation of natural justice or error of law apparent on the face of the record, there is no occasion for the High Court to get into the merits of the controversy as an appellate court. That too, on the aspect of an opinion formed in respect of two sets of signatures where the inquiry was held by an officer of the bank who came to an opinion on a bare comparison of the signatures that there is a difference in the same. It has been looked at from the perspective of a “banker’s eye”. This is, of course, apart from the testimony of the sister-in- law of the respondent. The High Court appears to have 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 - even the aspect of the other charges could not have been brushed aside in the manner it purports to. On the matter being remitted back, two witnesses deposed as to these aspects, being MW-3 and MW-4. The respondent was a clerk-cum-cashier. It is a post of confidence. The respondent breached that confidence. In fact, the respondent breached the trust of a widowed sister-in-law as well as of the bank, making it hardly a case for interference either on law or on moral grounds. The punishment imposed on the respondent could also hardly be said to be disproportionate. The conduct established of the respondent did not entitle him to continue in service. The challenge to the award of the Industrial Tribunal is repelled - Appeal allowed - decided in favor of appellant.
|