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TMI Blog2014 (9) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Disciplinary Authority does not agree with the findings recorded by the Enquiry Officer in disciplinary proceedings, the Disciplinary Authority must record reasons for disagreement and communicate the same to the delinquent and seek his response and only after considering the same, he could pass the order of punishment. 3. Facts and circumstances giving rise to this appeal are that: A. The appellant was appointed as Clerk/Cashier in the respondent Bank in the year 1969 and was promoted as Accountant in the year 1977, and further promoted as Assistant Manager in the year 1981. The Disciplinary Authority put him under suspension in November, 1982 for certain delinquencies and in respect of the same, a chargesheet dated 7.2.1983 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order dated 14.8.1985 by the Appellate Authority. The Appellate Authority also concurred with the findings on two charges recorded by the Enquiry Officer. F. Being aggrieved of the order of the Appellate Authority, the appellant filed review petition under Regulation 18 of the Regulations and the said review petition was also dismissed vide order dated 19.8.1987. G. The appellant challenged the said orders of punishment by filing a Writ Petition No. 1201 of 1988 before the High Court of Punjab and Haryana at Chandigarh. The said writ petition was contested by the respondent Bank. The learned Single Judge allowed the said writ petition vide judgment and order dated 20.5.2011, holding that in case the Disciplinary Authority disagrees with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding that there was no requirement of serving the recorded reasons for dis-agreement by the Disciplinary Authority to the delinquent if such a decision was taken prior to the date of decision of ECIL (supra) i.e. 20.11.1990, and therefore, no interference is required in the appeal. 6. We have considered the rival submissions made by learned counsel for the parties and perused the record. 7. In view of the rival submissions made by the learned counsel for the parties, two separate issues are involved in the instant case, namely, (a) requirement of issuing a second show cause notice by the Disciplinary Authority to the delinquent before imposing the punishment; and (b) serving the copy of the reasons recorded by the Disciplinary Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecords its own findings on such charge, it must record its tentative reasons for such disagreement and give to the delinquent officer an opportunity to represent before it records its findings. The report of the enquiry officer containing its findings will have to be conveyed and the delinquent officer will have an opportunity to persuade the disciplinary authority to accept the favourable conclusion of the enquiry officer. The principles of natural justice, as we have already observed, require the authority which has to take a final decision and can impose a penalty, to give an opportunity to the officer charged of misconduct to file a representation before the disciplinary authority records its findings on the charges framed against the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses the prejudice to the delinquent and therefore, it has to be understood in an entirely different context than that of the issue involved in ECIL (supra). 12. The learned Single Judge has concluded the case observing as under: "The whole process that resulted in dismissal of the petitioner is flawed from his inception and the order of dismissal cannot be sustained. I am examining this case after nearly 23 years after its institution and the petitioner has also attained the age of superannuation. The issue of reinstatement or giving him the benefit of his wages for during the time when he did not serve will not be appropriate. The impugned orders of dismissal are set aside and the petitioner shall be taken to have retired on the da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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