TMI Blog2003 (2) TMI 476X X X X Extracts X X X X X X X X Extracts X X X X ..... his account in the Bank. An internal investigation was also undertaken by the employer in respect of the complaint. Report of the preliminary investigation was submitted and the employee was served with charge sheet along with imputations of misconduct to the effect that the employee was responsible for the unauthorized withdrawal from the customer's account. Enquiry Officer was appointed to hold the enquiry and along with other witnesses the evidence of Handwriting expert Shri V.K. Sakhuja was tendered. The proceedings in the enquiry were concluded on 29.4.1993. Both the parties were asked to submit their written submissions. At this stage, the employee filed an application for further cross- examination of an Handwriting expert. Said prayer was rejected on 10th May, 1993. The Enquiry Officer submitted his report and the employee was also furnished with a copy to make his submissions as regards the findings. The written submissions were submitted on 24th June, 1995. Findings of the Enquiry Officer were recorded. Thereafter order of dismissal was passed. The Disciplinary Authority concurred with findings of the Enquiry Officer after taking into account the submissions ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in question that the signatures of the account holder appearing on the above said 5 cheques and the endorsement on the back of the cheque No. 460826 for ₹ 50,000/- is in your handwriting. From the above, it is evident that you by misusing your official position, in collusion with someone else, got the above said cheque book issued in S.B. A/c no.4272, utilised the cheque leaves in question by forging the signature of the account holder and got the same presented to encash the cheques fraudulently. By your above said fraudulent acts you have caused damage to the property of the bank thereby committed a gross misconduct within the meaning of Chapter-XI, Regulation 3 Clause (j) of Canara Bank Service Code. Your above said acts are also prejudicial to the interests of the bank thereby you have committed a gross misconduct within the meaning of Chapter-XI, Regulation 3 Clause (j) of Canara Bank Service Code. Your above said acts are also prejudicial to the interests of the bank thereby you have committed a gross misconduct within the meaning of the Chapter-XI, Regulation 3 Clause (m) of Canara Bank Service Code . An appeal was preferred by the employee before the prescr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s remarks were made has no evidentiary value, and he is not a competent witness and his report which forms the foundation for disciplinary action has to be ignored and if that is kept out of consideration, there is no other material on which the allegations of misconduct could be substantiated. It is pointed out that when investigation was done initially, a report was submitted by the Forensic Science Laboratory which did not find any material against the employee and others. The employee was also denied an adequate opportunity to submit his reply as regards the enquiry report. The charges related to two transactions. One was posting of the cheque and the other related to forgery. Report of the Handwriting expert is full of inconsistencies and the conclusion about similarity in hand-writing in the disputed document and the admitted signatures has been drawn erroneously. To prove his innocence the employee had requested the authorities to hand over the enquiry to the Central Bureau of Investigation. This request was made as the employee was convinced that the authorities were bent upon removing him from service for union activities. Further, request was made for being represented by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of forgery. To start with the approach of the learned Single Judge as regards evidence of V.K. Sakhuja is clearly erroneous. Even if there were adverse remarks (which we find related to 1958-59) that did not affect the credibility of his evidence to treat it as totally irrelevant and to be no evidence in the eye of law. What was required was a careful analysis of evidence, if it was brought to the notice of the authorities that his evidence has been doubted in the past. Nothing could be shown to us as to how the report in this particular case suffers from any infirmity. There is no finding recorded by learned Single Judge to that effect. On that score alone the Division Bench was justified in upsetting the learned Single Judge's decision. Sections 45 and 73 of the Indian Evidence Act, 1872(in short 'the Evidence Act') deal with opinion of experts and comparison of signature, writing or seal with others admitted or proved. Section 45 itself provides that the opinions are relevant facts. It is a general rule that the opinion of witnesses possessing peculiar skill is admissible. There was no challenge to the expertise of V.K. Sakhuja. He deposed to have testified in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... distinct and different. In the disciplinary proceedings the preliminary question is whether the employee is guilty of such conduct as would merit action against him; whereas in criminal proceedings the question is whether the offences registered against him are established and if established what sentence should be imposed upon him. The standard of proof, the mode of enquiry and the rules governing the enquiry and trial are conceptually different. [See State of Rajasthan v. B.K. Meena and Ors. (1996) 6 SCC 417)]. In case of disciplinary enquiry the technical rules of evidence have no application. The doctrine of proof beyond doubt has no application. Preponderance of probabilities and some material on record are necessary to arrive at the conclusion whether or not the delinquent has committed misconduct. While exercising jurisdiction under Article 226 of the Constitution the High Court does not act as an appellate authority. Its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice. Judicial review is not akin to adjudication of the case on merits as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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