Summary
Two disciplinary punishments required different outcomes. The 1988 reversion could not be invalidated by retrospectively applying the later rule requiring supply of the inquiry report. The 1993 removal was vitiated because reasons for disagreeing with favourable inquiry findings were not communicated. An independently proved charge did not authorise the reviewing court to preserve removal itself. The matter was remitted for disciplinary reconsideration and determination of benefits, without reinstatement after superannuation.
Issues
- Whether non-supply of the inquiry report invalidated the pre-November 1990 punishment.
- Whether removal could stand despite uncommunicated disagreement reasons because another charge remained proved.
- What relief and benefit determination were appropriate after superannuation.
Held
- The inquiry-report supply rule in Mohd. Ramzan Khan, affirmed in Karunakar, operated prospectively from 20 November 1990. It could not invalidate the 1988 punishment; the appellate authority’s modified reversion penalty was restored. (¶ 5–8)
- Removal of the separate proposed-penalty representation stage did not remove the right to meet adverse inquiry findings. Under the constitutional scheme discussed, absence of a separate notice mentioning prior final punishments did not itself invalidate their consideration at the penalty stage. (¶ 17–24)
- Before overturning favourable inquiry findings, the disciplinary authority had to communicate its reasons for disagreement and give an opportunity to respond. Failure concerning charges 1 and 5 vitiated the 1993 removal. (¶ 25–29)
- Charge 4 remained proved, but the judicial-review court could not assume it necessarily justified removal. Choice of appropriate penalty belonged to the disciplinary authority. (¶ 26–30)
- After superannuation neither reinstatement nor suspension was possible. The authority could resume the disagreement process and/or act on charge 4, with back wages and terminal benefits dependent on the lawful outcome. (¶ 30–33)
Result
Bank appeals allowed with directions. The 1988 appellate reversion penalty restored. The 1993 removal and appellate order set aside; matter remanded for disciplinary reconsideration. No reinstatement after superannuation; appropriate order on back wages and terminal benefits to be passed within three months of receipt.