In a landmark judgment, the Allahabad High Court dismissed a writ petition filed by Mr. Alok Mishra, challenging his removal from service by Canara Bank. The case, registered as WRIT – A No. 7405 of 2021, was heard by Justice J.J. Munir.
The petitioner, represented by Advocate Mr. Alok Mishra, contested the disciplinary actions taken by Canara Bank, represented by Advocate Mr. Krishan Mohan Asthana.
Case Details
Mr. Mishra, who was appointed as a Probationary Officer with Syndicate Bank (now Canara Bank) in 2008, faced disciplinary action for unauthorized absence from duty between November 22, 2018, and June 12, 2020. The petitioner argued that his absence was due to severe illness and subsequent legal troubles, including an arrest related to a property dispute.
The bank issued multiple notices to Mr. Mishra during his absence, instructing him to report back to duty, which he failed to do. Consequently, a charge-sheet was issued, and after an inquiry, he was removed from service. The decision was upheld by the Deputy General Manager, Human Resources Management, Canara Bank, Bangalore.
Legal Issues Involved
The primary legal issues in this case revolved around:
– Unauthorized Absence: The petitioner was charged with being absent without leave for over 18 months.
– Fair Inquiry Process: The petitioner contested the fairness of the inquiry, particularly the role of the Presenting Officer as a witness for the management.
– Principles of Natural Justice: Whether the inquiry process adhered to the principles of natural justice, especially concerning the petitioner’s right to a fair hearing and the opportunity to present his defence.
Court’s Decision
Justice J.J. Munir meticulously reviewed the case, focusing on whether the disciplinary proceedings were conducted fairly and in accordance with the principles of natural justice. The court found that the inquiry process was fair and that the petitioner was given ample opportunity to present his defense, which he failed to utilize effectively.
Key Observations by the Court
1. On Unauthorized Absence:
– “The unauthorized absence from 22.11.2018 to 12.06.2020 has been treated as Absence without leave hence loss of pay.”
2. On the Role of the Presenting Officer:
– “There is no principle of natural justice which requires that a person who has lodged a complaint cannot be a Presenting Officer and a prosecutor in a domestic enquiry.”
3. On the Inquiry Process:
– “The inquiry has been held by the respondents, adopting a fair procedure and affording the petitioner due opportunity of hearing. The charge has been proved by the Establishment, where the petitioner has not led any evidence in his defense before the Inquiry Officer.”
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Case Details
Case Number: WRIT – A NO. 7405 OF 2021
Neutral Citation No.: 2024:AHC:101761
Bench: Justice J.J. Munir
Petitioner: Manish Kumar
Respondents: Human Resources Management, Canara Bank & others
Counsel for Petitioner: Mr. Alok Mishra
Counsel for Respondents: Mr. Krishna Mohan Asthana
