Nath Gupta Vs. Allahabad Bank & Ors  Insc 185 (27 March 2003)
V. Patil & Arijit Pasayat. Shivaraj V. Patil J.
appellant was an officer in the Allahabad Bank when disciplinary proceedings
were initiated against him on account of certain alleged irregularities.
charges were framed against him: - "ARTICLE I That the said Shri K.N.
Gupta while functioning as Manager during the period from March, 1983 to April,
1986, allowed advances to various borrowers without observing the norms
procedure laid down from time to time by Head Office. Due to his negligence
Bank's money is in jeopardy. Out of good number of irregular advances, few
cases are taken hereafter.
for pumpsets have been allowed under Minor irrigation loan scheme –
observing the requirement of possessing the minimum land holding by the
borrowers. Few cases having such irregularities are as follows: - Name of the Date Amount Land holding Borrower Advance Advance Sri Ram Ratan
29.3.85 Rs.4750/- 1.37 acres Ram (Jt. A/c) Sri Indra Deo 11.3.85 Rs.1200/- 1.64
acres Singh Yadav
Under the aforesaid minor irrigation scheme advances for pumpsets have been
allowed without obtaining the completion report of boring from A.D.O. (M.I.).
such cases are as follows: - Name of the Date of Amount of Borrower Advance Advance
Sri Narain & others 6.6.84 Rs.8536.00 25.5.84 Rs.2150.00 Rabindra Singh Yadav
13.8.84 Rs.7800.00 9.8.84 Rs.4200.00
Under minor irrigation scheme advances for electric Tube Well/pump set have
been allowed without verification of electricity.
examples are as follows: - Name of the Date of Amount of Borrower Advance Advance
Ram Kanwar and ors. 7.2.85 Rs.7500.00 Sri Santi 28.3.84 Rs.7000.00 ARTICLE II
That during the aforesaid period and while functioning in the Yusufpur branch
of the Allahabad Bank as Manager the said Sri K.N. Gupta allowed advances to
small borrowers under small loan scheme and did not obtain the relative bills.
As such the end- use of the loan amount was not ascertained.
examples are as follows: - Name of the Date of Amount of Borrower Advance Advance
Sri Kanhiya Lal 12.4.85 Rs.6000.00 Verma Smt. Jahan Ara begum 10.4.85
Rs.6000.00 ARTICLE III That during the period from March, 1983 to April, 1986
while functioning as Manager in the Yusufpur Branch of Allahabad Bank the said Shri
K.N. Gupta ignoring the preliminary norms of Bank's financing did not obtain No
Dues Certificate from other financing institutions. Few examples are as
follows: - Name of the Date of Amount of Borrower Advance Advance Sri Ram Javit
22.6.84 Rs.9000.00 Sri Janamjaya Singh 14.3.86 Rs.4750.00 ARTICLE IV That the
said Sri K.N. Gupta while functioning as Manager during the period from march,
1983 to April, 1986 allowed advance of Rs.25,000/- under SEEUT scheme to Sri Shashi
Kumar Upadhyay on 30.3.1984 for purchase of Tempo Taxi. Again the finance was
allowed to Sri J.P. Pandey on the same vehicle without adjusting the
outstanding in the loan amount of Sri Shashi Kumar Upadhyay. He has thus jeopardized
V That during the aforesaid period from March, 1983 to April 1986 while
functioning in the Yusufpur Branch of the Bank as Manager the said Shri K.N.
Gupta allowed advances to such borrowers just for extending them the benefit of
subsidy money, few such examples are as follows: - Name of the Date of Amount
of Borrower Advance Advance Smt. Ugani Devi 1.3.86 Rs.4250.00 Sri Kapoor Chand
27.3.86 Rs.4750.00 Singh Yadav By this aforesaid negligence and irregular
action Sri Gupta has violated the rules 3(1) & 3(3) of Allahabad Bank
Officer Exmployees' (Conduct) Regulations, 1976 which amounts to misconduct
under rule 24 of the aforesaid regulations." After holding enquiry, he was
found guilty of some of the charges and ultimately the disciplinary authority
ordered his removal from service. He also failed in the appeal filed before the
appellate authority challenging the order of his removal from service.
Thereafter, he filed a writ petition in the High Court challenging the order of
his removal from service contending that –
order of dismissal was passed by an authority junior to the appointing
authority, so it was violative of Article 311 of the Constitution of India;
of the charges leveled against him amounted to any misconduct;
findings of the disciplinary authority as well as the appellate authority were
the punishment of removal awarded was wholly disproportionate to the charges
leveled against him.
High court, on consideration of the material placed before it and having regard
to the submissions made on behalf of either side, held against the appellant on
all the points. However, as regards the point relating to awarding of
disproportionate punishment, following the judgment of this Court in State Bank
of India & Ors. vs. Samerendra Kishore Endow & Anr. [(1994) 2 SCC 537],
the High Court was of the view that imposition of appropriate punishment was
within the discretion and judgment of the disciplinary authority; it was not
open to the High Court or the administrative tribunal to interfere with the
quantum of punishment exercising power of judicial review. Hence, in this
appeal the appellant has called in question the validity and correctness of the
8.11.1996, this Court ordered issue of notice limited to the question of the
nature of the punishment to be imposed on the appellant and the respondents
were directed to produce the confidential reports of the appellant. On
5.5.1997, leave was granted and the appeal was allowed. On 2.3.1998, this Court
allowed the review petition filed by the respondents observing that there was
an error apparent on the face of the impugned order which had not taken into
account the settled position of law as profounded by this Court in State Bank
of India & Ors. vs. Samerendra Kishore Endow & Anr. (supra). After
setting aside the order dated 5.5.1997, while allowing the review petition,
this Court directed that the special leave petition be placed for consideration
afresh before an appropriate Bench in the normal course. Thereafter, on
27.4.1998, leave was granted again. It is how the appeal came up for hearing
learned counsel for the appellant, confining his argument to the quantum of
punishment, urged that the appellant was initially appointed as Clerk in the
respondent-Bank on 3.2.1959 and because of his hard work, devotion to duty and
integrity, he was promoted to the officer cadre on 24.10.1973; from time to
time, he rose in the hierarchy; his competency, merit and ability are
well-reflected in the records; he had put in more than 30 years' unblemished
service; the irregularities found against him do not reflect about his
misconduct or any dishonest intention or misappropriation of any money.
According to the learned counsel, the appellant acted only on the basis of the
circulars issued by the Bank and at any rate, the extreme penalty of his
removal from service was shockingly disproportionate to the charges held proved
against him. The learned counsel also submitted that the decision in the case
of State Bank of India & Ors. vs. Samerendra Kishore Endow & Anr. (supra)
does not hold the field any more. There has been great change in approach of
this Court even with regard to the proportionality of the punishment to the charges
proved. He cited few decisions in support of his submissions. He also added
that the appellant was removed from service on 28.3.1988; he could have
superannuated on 31.8.1994; even assuming that on account of irregularities
said to have been committed by the appellant, a small loan amount of Rs.
45,000/- in all, which could not be recovered from borrowers and could be
deducted from his retirement benefits.
other hand, the learned counsel for the respondents made submissions in support
of the impugned order. The learned counsel further urged that having regard to
the nature of charges which were held proved against the appellant, the
punishment imposed on him was quite justified. Under the circumstances, the
impugned order may not be disturbed.
have carefully examined the submissions made by the learned counsel for the
parties. The High Court did not go into the question as to whether the order of
removal of the appellant from service was grossly disproportionate in view of
the decision of this Court in State Bank of India & Ors. vs. Samerendra Kishore
Endow & Anr. (supra).
Court in Union of India & Anr. vs. G.Ganayutham
[(1997 7 SCC 463] considered the question whether judicial review powers in
administrative law permit the High Courts or the administrative tribunals to
apply the principle of "proportionality". In the said judgment,
reference is made to leading cases in England and also to the rulings of this Court touching the question of
"proportionality". In para 15, reference is made to the case of Ranjit
Thakur vs. Union of India & Ors. [(1987) 4 SCC 611). In that case, after
finding the appellant guilty in court martial, he was dismissed from service
and a sentence of imprisonment was also imposed as permitted by Army Act. While
quashing the said punishment on the ground that it was "strikingly
disproportionate", this Court, in para 25 observed thus:- "25.... The
question of the choice and quantum of punishment is within the jurisdiction and
discretion of the court-martial. But the sentence has to suit the offence and
the offender. It should not be vindictive or unduly harsh. It should not be so
disproportionate to the offence as to shock the conscience and amount in itself
to conclusive evidence of bias.
doctrine of proportionality, as part of the concert of judicial review, would
ensure that even on an aspect which is, otherwise, within the exclusive
province of the court-martial, if the decision of the court even as to sentence
is an outrageous defiance of logic, then the sentence would not be immune from
correction. Irrationality and perversity are recognized grounds of judicial
review." In the said case, the "doctrine of proportionality" was
treated as part of judicial review in administrative law.
Bench of three learned Judges of this Court in B.C.Chaturvedi vs. Union of
India & Ors. [(1995) 6 SCC 749], while dealing with the power to interfere
with the punishment imposed by the disciplinary authority, in para 17, stated
thus:- "The next question is whether the Tribunal was justified in
interfering with the punishment imposed by the disciplinary authority. A
Constitution Bench of this Court in State of Orissa vs. Bidyabhushan Mohapatra (AIR 1963 SC 779) held that
having regard to the gravity of the established misconduct, the punishing
authority had the power and jurisdiction to impose punishment.
penalty was not open to review by the High Court under Article 226. If the High
Court reached a finding that there was some evidence to reach the conclusion,
it became unassessable. The order of the Governor who had jurisdiction and
unrestricted power to determine the appropriate punishment was final. The High
court had no jurisdiction to direct the Governor to review the penalty. It was
further held that if the order was supported on any finding as to substantial
misconduct for which punishment "can lawfully be imposed", it was not
for the Court to consider whether that ground alone would have weighed with the
authority in dismissing the public servant. The Court had no jurisdiction, if
the findings prima facie made out a case of misconduct, to direct the Governor
to reconsider the order of penalty. This view was reiterated in Union of India
vs. Sardar Bahadur [(1972) 4 SCC 618}.
true that in Bhagat Ram vs. State of H.P. [(1983) 2 SCC 442] a Bench of two
Judges of this Court, while holding that the High Court did not function as a
court of appeal, concluded that when the finding was utterly perverse, the High
court could always interfere with the same. In that case, the finding was that
the appellant was to supervise felling of the trees which were not hammer
marked. The Government had recovered from the contractor the loss caused to if
by illicit felling of trees. Under those circumstances, this Court held that
the finding of guilt was perverse and unsupported by evidence.
ratio, therefore, is not an authority to conclude that in every case the
Court/Tribunal is empowered to interfere with the punishment imposed by the
disciplinary authority. In Rangaswami vs. State of T.N. [(1989) supp. 1 SCC
686], a Bench of three Judges of this Court, while considering the power to
interfere with the order of punishment, held that this Court, while exercising
the jurisdiction under Article 136 of the Constitution, is empowered to alter
or interfere with the penalty; and the Tribunal had no power to substitute its
own discretion for that of the authority. It would be seen that this Court did
not appear to have intended to lay down that in no case, the High
Court/Tribunal has the power to alter the penalty imposed by the disciplinary
or the appellate authority.
controversy was again canvassed in State Bank of India case where the Court
elaborately reviewed the case law on the scope of judicial review and powers of
the Tribunal in disciplinary matters and nature of punishment. On the facts in
that case, since the appellate authority had not adverted to the relevant
facts, it was remitted to the appellate authority to impose appropriate
punishment." It is also further stated in the same judgment that "the
High Court/Tribunal while exercising the power of judicial review, cannot
normally substitute its own conclusion on penalty and impose some other
penalty. If the punishment imposed by the disciplinary authority or the
appellate authority shocks the conscience of the High Court/Tribunal, it would
appropriately mould the relief, either directing the disciplinary
authority/appellate authority to reconsider the penalty imposed or to shorten
the litigation, it may itself in exceptional and rare cases impose appropriate
punishment with cogent reasons in support thereof." In the background or
what has been stated above, one thing is clear that the power of interference
with the quantum of punishment is extremely limited. But when relevant factors
are not taken note of, which have some bearing on the quantum of punishment,
certainly the Court can direct re-reconsideration or in an appropriate case to
shorten litigation, indicate the punishment to be awarded. It is stated that
there was no occasion in the long past service indicating either irregularity
or misconduct of the appellant except the charges which were the subject matter
of his removal from service. The stand of the appellant as indicated above is
that though small advances may have become irrecoverable, there is nothing to
indicate that the appellant had misappropriated any money or had committed any
act of fraud. If any loss has been caused to the bank (which he quantifies at
about Rs.46,000/-) that can be recovered from the appellant.
reading of the various articles of charges go to show, at the most there is
some procedural irregularity which cannot be termed to be negligence to warrant
the extreme punishment of dismissal from service.
aspects do not appear to have been considered by the High Court in the proper
fitness of things, therefore, the High Court should examine these aspects
afresh. The consideration shall be limited only to the quantum of punishment
and not to any other question. As the appellant would have superannuated in the
normal course in the year 1994, and the matter is pending for a long time, the
High Court is requested to dispose of the matter within six months from the
date of receipt of this order. It is made clear that no opinion has been
expressed by us as to what would be the appropriate punishment. In this view,
the impugned order is set aside. The writ petition is remitted to the High
Court for disposal in the light of what is stated above.
appeal stands disposed of in the above terms with no order as to costs.