2022 (8) TMI 1366 - SC - Indian Laws

Gross misconduct including disrupting the functioning of the branch of the bank and misbehavior with the branch manager - use of abusive language and threatening the branch manager - organizing demonstrations without prior notice; (iv) disrupting smooth functioning by preventing other employees from carrying out their functions - deliberately flouting systems and procedures with the intention to undermine the branch manager s authority and increasing the operational risk of the branch - unauthorized absence from duty - disobedience of office orders - proceeding on medical leave without providing relevant medical certificates - issuance of cheques from a bank account which did not have sufficient balance. HELD THAT - Amidst an overburdened judicial docket, a view is sometimes voiced that parties are concerned with the outcome and little else. This view proceeds on the basis that parties value the outcome and not the reasoning which constitutes the foundation. This view undervalues the importance of the judicial function and of the reasons which are critical to it. The work of a judge cannot be reduced to a statistic about the disposal of a case. Every judgment is an incremental step towards consolidation and change. In adhering to precedent, the judgment reflects a commitment to protecting legal principle - Courts are as much engaged in the slow yet not so silent process of bringing about a social transformation. How good or deficient they are in that quest is tested by the quality of the reasons as much as by the manner in which the judicial process is structured. Lord Burrows of the Supreme Court of the United Kingdom, in his speech at the Annual Conference of Judges of the Superior Courts in Ireland stressed upon the importance of clarity, coherence and conciseness in judgment writing - Lord Burrows also noted the importance of the judgment being written in a manner that it is accessible to all considering its wide and varied potential audience. Petition are restored to the file of the High Court of Himachal Pradesh for being considered afresh.

Summary

Issues Involved
1. Validity of the disciplinary proceedings and the charges against the respondent.
2. Proportionality of the penalty imposed by the Central Government Industrial Tribunal (CGIT).
3. Comprehensibility and adequacy of the High Court's judgment.
4. Remand of the case for fresh consideration by the High Court.

Detailed Analysis

1. Validity of the Disciplinary Proceedings and the Charges Against the Respondent
The appellant issued a charge sheet in 2013 against the respondent for gross misconduct, which included various charges such as disrupting the functioning of the bank branch, misbehavior with the branch manager, use of abusive language, unauthorized absence, and issuance of cheques without sufficient balance. The enquiry officer found the respondent guilty of all charges. The disciplinary authority issued a show-cause notice for dismissal, and upon receiving no response, imposed the penalty of dismissal. The respondent's appeal was subsequently rejected by the bank's appellate authority.

2. Proportionality of the Penalty Imposed by the CGIT
The respondent challenged the termination before the CGIT under the Industrial Disputes Act 1947. The Tribunal found the enquiry proceedings and report vitiated due to violations of natural justice but allowed the bank to present evidence to justify the charges. The CGIT concluded that the first charge of misconduct was proved but found the penalty of dismissal harsh and disproportionate, modifying it to compulsory retirement. Both parties challenged this modification before the High Court of Himachal Pradesh.

3. Comprehensibility and Adequacy of the High Court's Judgment
The Supreme Court found the judgment of the High Court of Himachal Pradesh incomprehensible, stating that judgments should convey the reasoning and process of thought leading to the final conclusion clearly. The Supreme Court emphasized that judgments must be understandable to all stakeholders, including the litigants and the public, to maintain trust in the judicial process. The High Court's judgment, filled with complex language and lacking clarity, failed to meet these standards.

4. Remand of the Case for Fresh Consideration by the High Court
Given the incomprehensibility of the High Court's judgment, the Supreme Court remanded the case back to the High Court for fresh consideration. The Supreme Court highlighted the need for judgments to be written with clarity and precision, ensuring that the reasoning is intelligible and logical. The Supreme Court also provided guidelines for judgment writing, emphasizing the importance of structuring judgments in a manner that makes the issues, rules, application, and conclusions easily identifiable.

Conclusion
The Supreme Court allowed the appeal, set aside the High Court's judgment, and remanded the case back to the High Court for fresh consideration. The High Court was urged to expedite the disposal of the writ petitions, given the long history of the case and the termination dating back to 2013. The Supreme Court also clarified that all rights and contentions of the parties on merits are kept open upon remand.