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TMI Blog2003 (2) TMI 476X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 1.07 lakhs from his account in the Bank. An internal investigation was also undertaken by the employer in respect of the complaint. Report of the preliminary investigation was submitted and the employee was served with charge sheet along with imputations of misconduct to the effect that the employee was responsible for the unauthorized withdrawal from the customer's account. Enquiry Officer was appointed to hold the enquiry and along with other witnesses the evidence of Handwriting expert Shri V.K. Sakhuja was tendered. The proceedings in the enquiry were concluded on 29.4.1993. Both the parties were asked to submit their written submissions. At this stage, the employee filed an application for further cross- examination of an Handwriting expert. Said prayer was rejected on 10th May, 1993. The Enquiry Officer submitted his report and the employee was also furnished with a copy to make his submissions as regards the findings. The written submissions were submitted on 24th June, 1995. Findings of the Enquiry Officer were recorded. Thereafter order of dismissal was passed. The Disciplinary Authority concurred with findings of the Enquiry Officer after taking into account the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above said cheque book issued in S.B. A/c no.4272, utilised the cheque leaves in question by forging the signature of the account holder and got the same presented to encash the cheques fraudulently. By your above said fraudulent acts you have caused damage to the property of the bank thereby committed a gross misconduct within the meaning of Chapter-XI, Regulation 3 Clause (j) of Canara Bank Service Code. Your above said acts are also prejudicial to the interests of the bank thereby you have committed a gross misconduct within the meaning of Chapter-XI, Regulation 3 Clause (j) of Canara Bank Service Code. Your above said acts are also prejudicial to the interests of the bank thereby you have committed a gross misconduct within the meaning of the Chapter-XI, Regulation 3 Clause (m) of Canara Bank Service Code". An appeal was preferred by the employee before the prescribed appellate authority who rejected the appeal. The employee challenged the findings culminating in his order of dismissal by filing a writ petition before the High Court. The main plea which was advanced before the learned Single Judge was that the Enquiry Officer should not have rested his decision on the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigation was done initially, a report was submitted by the Forensic Science Laboratory which did not find any material against the employee and others. The employee was also denied an adequate opportunity to submit his reply as regards the enquiry report. The charges related to two transactions. One was posting of the cheque and the other related to forgery. Report of the Handwriting expert is full of inconsistencies and the conclusion about similarity in hand-writing in the disputed document and the admitted signatures has been drawn erroneously. To prove his innocence the employee had requested the authorities to hand over the enquiry to the Central Bureau of Investigation. This request was made as the employee was convinced that the authorities were bent upon removing him from service for union activities. Further, request was made for being represented by an advocate which was turned down. The employee had requested for supply of certain documents which were not acceded to causing thereby prejudice. Learned counsel for the respondents on the other hand submitted that the Division Bench rightly considered the scope and ambit of judicial review in the matter of disciplinary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was required was a careful analysis of evidence, if it was brought to the notice of the authorities that his evidence has been doubted in the past. Nothing could be shown to us as to how the report in this particular case suffers from any infirmity. There is no finding recorded by learned Single Judge to that effect. On that score alone the Division Bench was justified in upsetting the learned Single Judge's decision. Sections 45 and 73 of the Indian Evidence Act, 1872(in short 'the Evidence Act') deal with opinion of experts and comparison of signature, writing or seal with others admitted or proved. Section 45 itself provides that the opinions are relevant facts. It is a general rule that the opinion of witnesses possessing peculiar skill is admissible. There was no challenge to the expertise of V.K. Sakhuja. He deposed to have testified in about ten thousand cases relating to disputed documents. Though the employee highlighted certain adverse remarks, it cannot be lost sight of that they were about four decades back. But we need not go into that aspect in detail as no infirmity in the report acted upon by the authority in the present case was noticed or could be po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e standard of proof, the mode of enquiry and the rules governing the enquiry and trial are conceptually different. [See State of Rajasthan v. B.K. Meena and Ors. (1996) 6 SCC 417)]. In case of disciplinary enquiry the technical rules of evidence have no application. The doctrine of "proof beyond doubt" has no application. Preponderance of probabilities and some material on record are necessary to arrive at the conclusion whether or not the delinquent has committed misconduct. While exercising jurisdiction under Article 226 of the Constitution the High Court does not act as an appellate authority. Its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice. Judicial review is not akin to adjudication of the case on merits as an Appellate Authority In B.C. Chaturvedi v. Union of India and Ors. (1995 (6) SCC 749) the scope of judicial review was indicated by stating that review by the Court is of decision making process and where the findings of the disciplinary authority are based on some evidence, the Court or the Tribunal cannot re-appreciate the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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