TMI Blog2022 (5) TMI 1485X X X X Extracts X X X X X X X X Extracts X X X X ..... t of doubt, will not in any way render a completed disciplinary proceeding invalid nor affect the validity of the finding of guilt or consequential punishment. As held by this Court in a catena of decisions the standard of proof required in criminal proceedings being different from the standard of proof required in departmental enquiries, the same charges and evidence may lead to different results in the two proceedings, that is, finding of guilt in departmental proceedings and an acquittal by giving benefit of doubt in the criminal proceedings. Whether in the facts and circumstances of the case the appointing authority was justified in dismissing the delinquent officer from service is concerned looking to the seriousness of the charge proved of misappropriating the sum of Rs.10 lakhs and not depositing the same with the Bank, it cannot be said that the order of dismissal can be said to be disproportionate to the charge and misconduct held to be proved? - HELD THAT:- As per the evidence on record, he went along with the false and fabricated document dated 06.08.1996 along with another person and he introduced that person as a new cashier and he ensured that the voucher was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had not been accounted for and the said amount had not been deposited with the SSI Branch. Thereafter the local Head Officer submitted a complaint to the CBI on 10.11.1998, based on which the FIR was registered. The aforesaid FIR was registered after the preliminary investigation was held on 18.09.1998. It was found that the fraud has been committed by the insider, who was well aware of the procedure for cash remittance as well as with the signature of the Branch Manager of SSI Branch. The respondent delinquent officer was placed under suspension. Thereafter a departmental enquiry was initiated against the delinquent officer and he was charged with the chargesheet as under: (i) On 6th August, 1996, you got prepared a set of fraudulent cash remittance documented and by producing the same at Peenya Industrial Estate Branch, Bangalore made the officials threat believe them to be genuine and part with Rs.10 Lacs as cash remittance to SSI Peenya II stage Branch and you failed to account for the same in the books of SSI Peenya II Stage Branch. (ii) You have made substantial investments in Kisan Vikas Patra and Special Term Deposits with SBI Staff Cooperative Credit Society, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hemently submitted that in the facts and circumstances of the case, both, the learned Single Judge as well as the Division Bench have materially erred in interfering with the findings recorded by the Enquiry Officer which were on appreciation of evidence on record, both documentary as well as oral. 3.1 It is submitted that during the enquiry the Management examined in all 9 witnesses and produced on record 41 documents to prove the charges. That the management witnesses were primarily employees of the Bank who were also crossexamined during the course of enquiry. It is submitted that in the present case PW2 and PW3, the Cash Officer and the Accountant confirmed the practice adopted by the Branch seeking remittance, as also the fact that the respondent on the relevant date had come with one more person whom he introduced as the Cashier of the Branch. By examining the aforesaid witnesses, the management has established and proved that voucher and remittance/cash was given to the respondent inside the vault. 3.1.1 It is submitted that by examining the witness namely, the Branch Manager PW4, the management has proved that the Branch Manager whose alleged signature was found on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le opposing the present appeal learned counsel appearing on behalf of the respondent delinquent officer has made the following submissions: (i) That the respondent herein had an unblemished record from his joining as a clerk till the date of alleged incident in his career of long 28 years and had even got two promotions; (ii) That the entire amount of Rs.10 lakhs was allegedly paid to one Shri M.N. Kiran and not to the respondent delinquent officer; (iii) Initially the Local Head Officer of the Branch directed one Shri M.R. Srinath, AGM to investigate the matter. Shri Srinath investigated the matter and found that there was no involvement of any officer from the SSI Peenya II Branch and completely absolved the delinquent officer. It is submitted that it was observed that the style of the letter requesting the remittance resembles the usual style adopted by the delinquent officer. That it is observed that that none of the documents at the SSI Peenya Branch was tampered with which is indicative of noninvolvement of staff of the SSI Peenya Branch; (iv) That in the criminal proceedings investigated by the CBI, the delinquent officer has been acquitted by the competent c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, the impugned judgment and orders passed by the High Court are not required to be interfered with by this Court in exercise of powers conferred under Article 136 of the Constitution of India. Making the above submissions, it is prayed to dismiss the present appeal. 5. In rejoinder learned counsel appearing on behalf of the appellant Bank has pointed out that in view of the judgment and order passed by the learned Single Judge confirmed by the Division Bench, the respondent delinquent officer would get Rs.25.61 lakhs towards terminal benefits and arrears of pension etc. and thereafter Rs.20,502/per month towards pension, which would amount to granting premium to dishonesty. 6. We have heard learned counsel for the parties at length. 7. At the outset, it is required to be noted that in the departmental enquiry against the delinquent officer by the disciplinary authority it was alleged that he got prepared a set of fraudulent cash remittance document and by producing the same at Peenya Industrial Estate Branch, Bangalore made the officials believe them to be genuine and part with Rs.10 Lacs as cash remittance to SSI Peenya II Stage Branch and after receiving the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court has dealt with and considered the writ petition under Articles 226/227 of the Constitution of India challenging the decision of the Bank/Management dismissing the delinquent officer as if the High Court was exercising the powers of the Appellate Authority. The High Court in exercise of powers under Articles 226/227 of the Constitution of India has reappreciated the evidence on record which otherwise is not permissible as held by this Court in a catena of decisions. 7.3 Recently in the case of Nand Kishore Prasad (Supra) after considering other decisions of this Court on judicial review and the power of the High Court in a departmental enquiry and interference with the findings recorded in the departmental enquiry, it is observed and held that the High Court is not a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant. It is further observed and held that the High Court is concerned to determine whether the enquiry is held by an authority competent in that behalf, and according to the procedure prescribed in that behalf, and whether the rules of natural justice are not violated. It is further observed that if there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orrect in the eyes of the court. The court/tribunal in its power of judicial review does not act as an appellate authority to reappreciate the evidence and to arrive at its own independent findings on the evidence. It was held as under : (SCC pp. 75960, paras 1213) 12. Judicial review is not an appeal from a decision but a review of the manner in which the decision is made. Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the court. When an inquiry is conducted on charges of misconduct by a public servant, the Court/Tribunal is concerned to determine whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules of the Evidence Act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. When ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was an appeal against the order of the administrative/disciplinary authority of the High Court. Interference with the decision of departmental authorities can be permitted, while exercising jurisdiction under Article 226 of the Constitution if such authority had held proceedings in violation of the principles of natural justice or in violation of statutory regulations prescribing the mode of such enquiry or if the decision of the authority is vitiated by considerations extraneous to the evidence and merits of the case, or if the conclusion made by the authority, on the very face of it, is wholly arbitrary or capricious that no reasonable person could have arrived at such a conclusion, or grounds very similar to the above. But we cannot overlook that the departmental authority (in this case the Disciplinary Committee of the High Court) is the sole judge of the facts, if the enquiry has been properly conducted. The settled legal position is that if there is some legal evidence on which the findings can be based, then adequacy or even reliability of that evidence is not a matter for canvassing before the High Court in a writ petition filed under Article 226 of the Constitution. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding invalid nor affect the validity of the finding of guilt or consequential punishment. The standard of proof required in criminal proceedings being different from the standard of proof required in departmental enquiries, the same charges and evidence may lead to different results in the two proceedings, that is, finding of guilt in departmental proceedings and an acquittal by giving benefit of doubt in the criminal proceedings. This is more so when the departmental proceedings are more proximate to the incident, in point of time, when compared to the criminal proceedings. The findings by the criminal court will have no effect on previously concluded domestic enquiry. An employee who allows the findings in the enquiry and the punishment by the disciplinary authority to attain finality by nonchallenge, cannot after several years, challenge the decision on the ground that subsequently, the criminal court has acquitted him. 13. In another judgment reported as Union of India v. P. Gunasekaran [Union of India v. P. Gunasekaran, (2015) 2 SCC 610 : (2015) 1 SCC (L S) 554] , this Court held that while reappreciating evidence the High Court cannot act as an appellate authority in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f an appellate authority. xxx xxx xxx 15. The disciplinary authority agreed with the findings of the enquiry officer and had passed an order of punishment. An appeal before the State Government was also dismissed. Once the evidence has been accepted by the departmental authority, in exercise of power of judicial review, the Tribunal or the High Court could not interfere with the findings of facts recorded by reappreciating evidence as if the courts are the appellate authority. We may notice that the said judgment has not noticed the larger Bench judgments in S. Sree Rama Rao [State of A.P. v. S. Sree Rama Rao, AIR 1963 SC 1723] and B.C. Chaturvedi [B.C. Chaturvedi v. Union of India, (1995) 6 SCC 749 : 1996 SCC (L S) 80] as mentioned above. Therefore, the orders passed by the Tribunal and the High Court suffer from patent illegality and thus cannot be sustained in law. 8. Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand, we are of the opinion that the High Court has committed a grave error in interfering with the order passed by the disciplinary authority dismissing the respondent delinquent officer from service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... document dated 06.08.1996 along with another person and he introduced that person as a new cashier and he ensured that the voucher was not signed by him but singed by the other person who was introduced by him as a new cashier. Therefore, he saw to it that there is no evidence on record that he actually received the money. This shows the criminal mind/conduct on the part of the delinquent officer. Therefore, in the facts and circumstances of the case it cannot be said that the disciplinary authority/competent authority/management had committed any error in dismissing the respondent delinquent officer from service. 11. In view of the above and for the reasons stated above, the impugned judgment and order passed by the Division Bench of the High Court dismissing the appeal and not interfering with the judgment and order passed by the learned Single Judge which interfered with the order of punishment imposed by the Disciplinary Authority dismissing the respondent delinquent officer from service and the judgment and order passed by the learned Single Judge are hereby quashed and set aside. The order passed by the Management dismissing the respondent delinquent officer on pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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