Mr.Avinash Sharad Dagaonkar v. Bank of India - (High Court of Bombay) (21 Oct 2016)

Inquiry proceedings can be closed, once an employee unconditionally admitted the charges and that admission not recorded under any duress, force or pressure

MANU/MH/2164/2016

Service

By present petition, Petitioner challenged suspension order dated 7 June 2011, order dated 14 February 2013 imposing penalty of dismissal as confirmed by Appellate Authority's order dated 16 May 2013 as also confirmed by Reviewing Authority by its order dated 22 October 2013, praying that these orders be quashed and set aside with a further prayer seeking reinstatement in service with full backwages. Appellant submitted that, inquiry proceedings are vitiated and consequently impugned orders are required to be quashed and set aside.

Petitioner was given a complete opportunity to defend his case in the disciplinary inquiry. He also appointed a defence representative.  An opportunity to cross examine all the witnesses examined on behalf of the management, was also accorded to the Petitioner.  I nquiry report clearly reveals that all charges are proved on basis of substantive evidence both documentary and oral, available on record of enquiry officer.    Investigating Officer was available to be cross examined by the Petitioner.  Further, copies of the documents/ statements of various borrowers recorded by the Investigating Officer were furnished to the Petitioner. The Petitioner thus was also at liberty to examine any other witness to defend his case. Merely because Investigation Report was not furnished to Petitioner, would not cause any prejudice.

Not only Petitioner admitted charges, albeit the charges stood substantially proved in departmental enquiry. Admittedly the Inquiry Officer did not, merely proceeded on admission of charges by Petitioner, which he could have given the clear position in law, but also recorded his findings on a fullfledged departmental enquiry and in the terms of substantial documentary and oral evidence which unequivocally demonstrated that the Petitioner had indulged into misconduct as alleged in the chargesheet and recorded that the charges against the Petitioner stood proved.  This is sufficient for the disciplinary authority in departmental proceedings to take a decision applying 'principles of preponderance and probability' and impose a punishment as permissible under Rules.

Once an employee has admitted to charges and that there is no cogent material to show that, admission of the charges was recorded under duress or force or pressure and that admission was unconditional and in unequivocal terms, no fault can be found in Inquiry Officer closing the inquiry proceedings. In present case, disciplinary authority on basis of inquiry report which recorded admission of 1st respondent held that, charges have been proved. There was nothing unlawful on part of the disciplinary authority proceeding on such admission made by 1st Respondent to pass order of dismissal considering seriousness of charges.

     In a recent decision of Supreme Court in case of Surjeet Singh Bhamra Vs. Bank of India & Ors. it was held that as a matter of fact when the charges in chargesheet are admitted, there was no need for the bank to hold any inquiry into the charges and the charges having so proved on admission, bank was justified in imposing punishment as prescribed in the Rules. Resultantly, challenge of Petitioner failed.

Relevant : Surjeet Singh Bhamra Vs. Bank of India & Ors.

Tags : CHARGES DISMISSAL PENALTY