VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 378
(378)
757
Misconduct — past misconduct
Disciplinary authority taking into consideration past
two penalties, without their inclusion in the charge
and without giving an opportunity in that regard, in
imposing the penalty, is violative of principles of
natural justice.
M.S. Bejwa vs. Punjab National Bank,
1994 (1) SLR P&H 131
Petitioner, Officer in Middle Management Grade Scale II, in
the Punjab National Bank was reverted as Assistant Manager in Junior
Management Grade Scale I. High Court observed that the petitioner
was held to have violated Reg.5(3) of the Punjab National Bank Officer
Employees (Conduct) Regulations and that he did not obtain or send
intimation for starting the business in the name of his wife and
accepted the wrong address given by his wife in the partnership deed,
though it was not part of the charge. Punishing authority also took
into consideration the fact that the petitioner had committed various
irregularities in the past on account of which major penalty of reduction
of salary by three stages had been imposed by order dated 15.11.1984
and minor penalty of withholding of one graded increment with
cumulative effect has been imposed by order dated 25.06.1986. It is
thus clear that matter beyond the charge had been taken into
consideration. The previous punishment or the misconduct was never
a part of the charge. Consequently he had no opportunity to met this
aspect of the matter and failure to give such an opportunity is violative
of the principles of natural justice.
(379)
Witnesses — cross-examination of all, at one time