Q: I was employed with a nationalised bank as a senior officer. An enquiry proceeding was initiated against me on the basis of allegations of misconduct. My service was terminated by the disciplinary authority following the report of the enquiry officer appointed by my employer. I was denied the opportunity to defend myself although the service regulations provide for it. I was also not given a copy of the enquiry report. What are the legal remedies? Can I file a writ petition against my employer?
Name witheld
A: There is no doubt that the deniall of opportunity to adduce oral evidence in support of your case is an infraction of the rules of the bank in relation to disciplinary proceedings. You should be able to successfully challenge the decision of the disciplinary authority by way of a writ petition in the high court having jurisdiction in the matter. An additional ground for challenge may be non-furnishing of the enquiry report to you prior to your dismissal, but such ground would be available only if that has caused substantial prejudice to you. Further, if the gravity of the charges were not such as to attract or justify the punishment of dismissal, you could argue that the punishment imposed is disproportionate to the gravity of the charges levied against you. If you succeed, you may me be reinstated with or without back wages or part back wages .
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