Mavji C Lakum vs Central Bank Of India

3. Following facts will highlight the controversy involved.

4. Appellant Mavji C. Lakum had joined the services of the Respondent-bank as a Peon on 1.9.1951. He was promoted as a Head Peon in the year 1963. While in service, two charge-sheets came to be served upon the appellant and an inquiry was held against him and he came to be discharged from the service by an order dated 22.5.1984. This order was challenged by the appellant by filing a Regular Suit No.99 of 1984 in the Court of Civil Judge (Junior Division), Anjar, Kutch-Bhuj. The said suit was dismissed. In the appeal, though the District Court directed reinstatement but denied the back-wages. The appellate court also permitted the Respondent-bank to hold fresh enquiry. The appellate judgment was challenged before the High Court by way of Second Appeal by the appellant where he was awarded 75% back-wages from the date of filing the suit.

5. As the order of reinstatement became final, the appellant was reinstated. However, since the permission was granted by the District Court to the respondent-bank to start inquiry afresh, that inquiry was initiated in accordance with law and in that inquiry the appellant was found guilty of few charges whereby he was given the punishment of discharge on two charges. He was given the punishment of stopping his increments in respect of other charges for which he was found guilty. A show cause notice dated 7.2.1991 was issued to the appellant calling upon him to show cause why the punishment of dismissal should not be imposed upon him. A reply was submitted by the appellant dated 18.3.1991 wherein he contended that looking into the nature of the charges, the punishment of dismissal was very harsh. He also offered explanation regarding the charges and the findings. However, the Disciplinary Authority, after considering the reply inflicted a composite punishment of discharge. The appellant thereafter filed a Departmental Appeal which was dismissed. He, therefore, raised a dispute with regard to punishment of his discharge and on that basis a Reference came to be made to Industrial Tribunal (Central), Rajkot which was registered as ITC No.1 of 1993.

6. The Industrial Tribunal firstly came to the conclusion that the Departmental Inquiry was just and proper. However, in so far as the merits of the allegations were concerned, the Tribunal came to the conclusion that there was no evidence supporting major charges, though there was some misconduct on the part of the appellant. Again the Tribunal specifically held that the proved misconduct was not so serious as to invite the extreme punishment of discharge. Reference was thus partly allowed and the order of discharge was set aside. The Tribunal imposed the punishment of withholding one increment with future effect. In the meanwhile the appellant retired from the services of the respondent with effect from 3rd September, 1994.

15. We are, therefore, convinced that the Division Bench erred in treating the matter falling only under Article 227 of the Constitution of India.

We are unable to agree with these observations.

21. On the other hand the Tribunal, in our opinion has correctly appreciated the evidence and has also correctly substituted the punishment. In whole of the judgment, the learned Single Judge has not referred to any of the factual findings recorded by the Tribunal. In our opinion the judgment of the learned Single Judge was wholly incorrect in so far as it dubbed the Tribunal's judgment as wrong. We approve of the judgment of the Tribunal and set aside the judgment of the learned Single Judge.

22. For the above reasons we are of the opinion that the Writ Petition filed by the respondent and ultimately confirmed by the appellate judgment was incorrectly allowed. We dismiss the writ petition and restore the Award of the Tribunal.

23. In view of the above the appeal is allowed. Under the circumstances we deem it fit to inflict the cost of Rs.30,000/- against the Respondent- bank.