Can a punishment awarded in departmental enquiry can be changed with court judgement?
J SRINIVASARAO
(Querist) 23 December 2011
This query is : Resolved
I have been awarded punishment in departmental enquiry with salary cut and with cut in scale of promotion in a fraud committed by outsiders while sanctioning the bank loans. Bank at the same time filed criminal case against me and those outsiders also. Now I have won the court case, and demanded the bank to pay my lost salary and scale. Bank has come out, with the plea the supreme court has recently delivered a judgement stating the punishment given in the departmental enquiry is different from court punishment and need not pay my lost salary and scale. Is it correct? How to proceed now
Out of Court
(Expert) 23 December 2011
yes .. DI award can be very much challangeable in the appropriate court of law and very mch subject of reversion .. u may mail the facts of the case to paneyajitabha@gmail.com, or can post the whole facts as well as awrd of the DI for better consultation ..
Out of Court
(Expert) 23 December 2011
soory ..its pandeyajitabha@gmail.com
Deepak Nair
(Expert) 23 December 2011
Yes. It can be challenged
Guest
(Expert) 23 December 2011
Dear Srinivasa Rao,
Definitely, departmental inquiry case and court case are two distinct cases and cannot be intermingled with each other. However, if still there is a time left for appeal to the appellate authority in the departmental inquiry case, you may prefer an appeal to the competent appellate authority taking plea that the court has not held you guilty in the said loan sanction case, which was the very base for departmental inquiry against you.
If not, you have every right to challenge the penalty order in departmental inquiry case in a court of law/ CAT, as the case may be. If the court/CAT is satisfied, that has the competence to set aside the order of punishment issued by the disciplinary authority.
Sudhir Kumar, Advocate
(Expert) 23 December 2011
The query is vague. It does not specify the date of penalty and the specific charge. Whther you were charged for negligence or connivance. Either was I agree that disciplinary proceeding and criminal action is under seperate statutory set up. I will partially disagree with Mr Dhinga. Banks are not in CAT jurisdiction and moreso he has not even specified if the bank is Govt one. If Bank is Govt them consult CDA Rules if the appeal is time barred or not if appeal is time barred revision may still be possible. If it is a private Bank ythen you consult standing orders and have to move to Labour Court only.
V R SHROFF
(Expert) 23 December 2011
YES
AND TILL THEN, IF YOU ARE SUSPENDED, CONTINUE GETTING FULL SALARY TOO, without working or spending for travelling to office/ factory.
Raj Kumar Makkad
(Expert) 23 December 2011
The plea of bank is very much legal in vies of verdict of Hon'ble Apex Court vide which it has clearly been held that departmental action cannot be taken back because the delinquent employee was acquitted from criminal charges by court of law.
Dr V. Nageswara Rao
(Expert) 24 December 2011
1. Even if you are acquitted in the criminal case for the same wrong, that judgment is not binding in a disciplinary proceeding on the same facts and the same wrong.
2. Under Art. 311 of the Constitution, a conviction in the criminal case enables the employer to dispense with disciplinary proceeding and impose punishment. But Bank employees are not covered by Art. 311.
3. You can challenge in a Court of law the verdict in a disciplinary proceeding and the consequent action by the Bank if there are any legal infirmities.
Guest
(Expert) 24 December 2011
@ Sudhir Kumar,
You are quite welcome if you have some specific point of difference on specific issue. I don't think you have read my reply carefully and noticed the wording of my reply, particularly when I have very clearly used the words, "AS THE CASE MAY BE," along with the words "Court of law/CAT." Had I used the word of "CAT" only in my reply your difference could well have been justified, but not when I had used the words "COURT OF LAW" and "as the case may be" also.
You very well know that the query was generic and my reply was also according to the general nature of query, as you also are desirous of specific charge to be mentioned by the querist.
Carelessness on your part in going through the contents is well noticed, when you cannot even spell my name correctly, as you have addressed my surname as "Dhinga" while "DhingRa" is very clearly noted along with my initials.
Also, can you please state what would be the importance of the date of penalty, if the querist specifies that?
prabhakar singh
(Expert) 24 December 2011
None to differ hence only agree with asIt can be challenged.
Devajyoti Barman
(Expert) 29 December 2011
The order can always be challenged. Rest is well dealt with in above.
Advocate. Arunagiri
(Expert) 29 December 2011
The order of the departmental authority, can be challenged in the court, the court is having all such power to modify and set aside the punishment.
