Punjab National Bank And Ors.The Chief ... vs Sh. Kunj Behari Misra, Sh. Shanti Prasad ... on 19 August, 1998
A perusal of the said note shows that the Disciplinary
Authority has not adverted to any of the findings recorded by the Inquiry
Officer to give any reasons as to why such findings are not sustainable,
but proceeded to impose the punishment of censure. It only reproduces
the allegations as contained in the charge-sheet. Such aspect is
apparent on record. Therefore, the said reasons of disagreement are in
violation of the principles of natural justice as explained by the Hon'ble
Supreme Court in Punjab National Bank and others v. Kunj Behari
CWP No. 12915 of 2005 (4)
Misra, (1998) 7 Supreme Court Cases 84. Reasons of disagreement
are to be recorded in respect of findings recorded by the Inquiry Officer.
Without discussing evidence or findings, mere reproduction of charges
does not satisfies the requirement of reasoned disagreement note.
Therefore, we are of the opinion that the process adopted by the
Disciplinary Authority violates the principles of natural justice and
cannot be sustained in law.