Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2693 OF 2013
UCO Bank & Ors. ....Appellants
versus
Rajendra Shankar Shukla ...Respondent
J U D G M E N T
Madan B. Lokur, J.
1. This appeal raises an interesting question of law on access to
justice in a departmental inquiry. In our opinion, the respondent
(Rajendra Shankar Shukla) was not given a fair opportunity to defend
himself by denying him financial resources. On the merits of the case
also, we are of the view that the impugned judgment and order of the
High Court does not call for any interference.
2. The allegation against Shukla was that while in charge of the
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extension counter of the UCO Bank from 3 October, 1987 to 8 July,
Signature Not Verified
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1994 he issued a cheque on 25 January, 1991 for an amount of Rs.3
Digitally signed by
MEENAKSHI KOHLI
Date: 2018.02.17
12:12:30 IST
Reason:
lakhs in favour of his brother. At that time, Shukla had only about
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Rs.1,000/- in his account. We are only concerned with this broad
allegation.
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3. Shukla was issued a charge sheet on 20 May, 1998 (after about 7
years) by the respondent (Bank) under the provisions of the UCO Bank
Officer Employees’ (Conduct) Regulations, 1976. The articles of charge
against Shukla were as follows:-
(I) Shri R.S. Shukla issued/got issued a cheque on his
joint account without making any arrangement of
adequate balance and intention to honour it, only to
cause wrongful benefit to his relative, at the cost of
the Bank. He has thus failed to discharge his duties
with utmost integrity and honesty, which is violative
of Regulation 3 of UCO Bank Officer Employees’
(Conduct) Regulations, 1976 as amended.
(II) Shri Shukla, by making available the official
correspondence (exchanged between regional office,
Raipur and his branch) to his son which he later
quoted in his proposal for compromise of Transport
Loan availed by him, has not only acted against the
interest of the Bank but also has deliberately divulged
information of a confidential nature to a person - his
son, not entitled to it, which is violative of Regulation
4 of UCO Bank Officer Employees’ (Conduct)
Regulations, 1976 as amended.
(III) By availing loans and that also frequently, far in
excess of the permissible amount against NSCs and
FDRs without paying interest at the applicable rates,
Shri R.S. Shukla has failed to discharge his duties
with devotion, honesty and utmost integrity. This act
is violative of Regulation 3 of UCO Bank Officer
Employees’ (Conduct) Regulations, 1976 as amended.
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4. Shukla was due to superannuate on 31 January, 1999. A few days
prior to his superannuation, the Competent Authority issued a letter
invoking Regulation 20(3)(iii) of the UCO Bank (Officers’) Service
Regulations, 1979 (for short “the Regulations”). Regulation 20(3)(iii)
reads as follows:-
“The officer against whom disciplinary proceedings have
been initiated will cease to be in service on the date of
superannuation but the disciplinary proceedings will
continue as if he was in service until the proceedings are
concluded and final order is passed in respect thereof. The
concerned officer will not receive any pay and/or allowance
after the date of superannuation. He will also not be entitled
of the payment of retirement benefits till the proceedings are
completed and final order is passed thereon except his own
contributions to CPF.”
5. In view of the aforesaid Regulation, Shukla ceased to be in service
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on 31 January, 1999 on attaining his superannuation but the disciplinary
proceedings against him continued. Shukla denied the charges levelled
against him but the Enquiry Officer submitted a report in which Charges
1 and 3 were proved while Charge 2 was not proved. The Disciplinary
Authority came to the conclusion that all three charges were proved and
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as far as Charge 1 is concerned, he passed an order on 30 June, 1999
dismissing Shukla from service which would ordinarily be a
disqualification for future employment.
6. A departmental appeal was filed by Shukla. During the pendency
of the departmental appeal, Shukla filed a writ petition in the Madhya
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Pradesh High Court. Later, the departmental appeal filed by Shukla was
dismissed. The writ petition was transferred to the Chhattisgarh High
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Court and by a judgment and order dated 21 December, 2006 the learned
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Single Judge allowed the writ petition and quashed the order dated 30
June, 1999 passed by the Disciplinary Authority. An appeal filed by the
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Bank was dismissed by the impugned judgment and order dated 7 May,
2010 by the Division Bench of the High Court. It is under these
circumstances that the present appeal was filed in this Court.
7. At the outset, we make it clear that the learned senior counsel for
the Bank candidly submitted that he was concerned only with Charge 1
and did not seek to justify the correctness of the findings of the
Disciplinary Authority in respect of Charge 2 and Charge 3.
8. The learned Single Judge noted a few extremely relevant facts.
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Undoubtedly the cheque was issued by Shukla on 25 January, 1991
(although he claimed his wife had signed the cheque) but he directed the
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Bank to ‘stop payment’ by a communication dated 6 March, 1991.
Notwithstanding the ‘stop payment’ communication, his brother
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presented the cheque for encashment on 2 April, 1991 and it was
temporarily encashed.
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9. We have been informed by learned counsel for Shukla that on 19
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July, 1994 he was promoted to higher category as Manager and on 12
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August, 1996 he was permitted to cross the efficiency bar. These events
occurred before the charge sheet was issued to Shukla.
10. The learned Single Judge took the view that there was no
prohibition in a bank employee having an account in the same bank and
that in case a cheque issued by such an employee was dishonoured, action
may be taken by the complainant under the provisions of the Negotiable
Instruments Act, 1881 but the Bank could not take action under the UCO
Bank Officer Employees’ (Conduct) Regulations, 1976. In view of this
conclusion, the learned Single Judge held that even if Charge 1 is proved,
it would not amount to a misconduct within the purview of the Conduct
Regulations applicable to bank employees. It was further held that
assuming misconduct was proved, appropriate action could be taken
under the UCO Bank (Employees) Pension Regulations, 1995 in
accordance with law and if permissible.
11. The Division Bench of the High Court found no error in the view
taken by the learned Single Judge and accordingly dismissed the appeal
filed by the Bank. The Division Bench held that the action by Shukla in
issuing a cheque for Rs. 3 lakhs when he had only about Rs. 1,000/- in his
account did not amount to misconduct but was an action personal to him.
The High Court also noted that his direction to ‘stop payment’ would
perhaps have made him liable for some action by his brother but certainly
not by the Bank.
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12. We do not find any reason to interfere with the judgment and order
passed by the High Court. However, it is necessary for us to highlight a
few facts which were brought to our notice during the course of
submissions made by learned counsel. The first issue of concern is the
enormous delay of about 7 years in issuing a charge sheet against Shukla.
There is no explanation for this unexplained delay. It appears that some
internal discussions were going on within the Bank but that it took the
Bank 7 years to make up its mind is totally unreasonable and
unacceptable. On this ground itself, the charge sheet against Shukla is
liable to be set aside due to the inordinate and unexplained delay in its
issuance.
13. What compounds the default on the part of the Bank is that Shukla
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was placed in a higher category as a Manager on 19 July, 1994 while all
these discussions were going on in the Bank. He was also allowed to
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cross the efficiency bar on 12 August, 1996 again while the discussions
were going on. Surely, if the Bank was serious about proceeding against
Shukla for misconduct, they would not only have taken prompt action in
issuing a charge sheet but would not have granted him the benefit of
being placed in a higher category or crossing the efficiency bar.
14. We were also little taken aback to learn from learned counsel for
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Shukla that after his superannuation on 31 January, 1999 Shukla was
paid nothing during the pendency of the disciplinary inquiry. He was not
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paid his salary because he had superannuated. For some reason he was
not paid his pension, perhaps because a departmental inquiry was pending
against him. He was also not paid any subsistence allowance during the
period that the disciplinary inquiry was pending and even thereafter till
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30 June, 1999. In other words, Shukla was made to face a financial
crunch and presumably, he did not have a fair opportunity of defending
himself.
15. An employee is entitled to subsistence allowance during an inquiry
pending against him or her but if that employee is starved of finances by
zero payment, it would be unreasonable to expect the employee to
meaningfully participate in a departmental inquiry. Access to justice is a
valuable right available to every person, even to a criminal, and indeed
free legal representation is provided even to a criminal. In the case of a
departmental inquiry, the delinquent is at best guilty of a misconduct but
that is no ground to deny access to pension (wherever applicable) or
subsistence allowance (wherever applicable). As far as Shukla is
concerned he was denied his pension as well as subsistence allowance
which prevented him from effectively participating in the disciplinary
inquiry. On this ground as well, the proceedings against Shukla are
vitiated.
16. Finally, we may also draw attention to an unreported decision of
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1
this Court in UCO Bank and Ors. v. Prabhakar Sadashiv Karvade . In
this decision, the Court considered the provisions of the Regulations that
we are concerned with and held :
“The sum and substance of these Regulations is that even though a
departmental inquiry instituted against an officer employee before
his retirement can continue even after his retirement, none of the
substantive penalties specified in Regulation 4 of 1979
Regulations, which include dismissal from service, can be
imposed on an officer employee after his retirement on attaining
the age of superannuation. Therefore, we have no hesitation to hold
that order dated 12.10.2004 passed by the disciplinary authority
dismissing the respondent from service, who had superannuated on
31.12.1993 was ex facie illegal and without jurisdiction and the
High Court did not commit any error by setting aside the same.”
17. We may also make reference to another decision of this Court in
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UCO Bank and Anr. v. Rajinder Lal Capoor . This decision also related
to the very same Regulations that we are concerned with.
18. In dealing with these Regulations, it was observed by the Court in
paragraph 22 of the Report as follows:-
“The respondent, therefore, having been allowed to superannuate,
only a proceeding, inter alia, for withholding of his pension under
the Pension Regulations could have been initiated against the
respondent. Discipline and Appeal Regulations were, thus not
attracted. Consequently the charge-sheet, the enquiry report and
the orders of punishment passed by the disciplinary authority and
the appellate authority must be held to be illegal and without
jurisdiction.”
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1 C.A. No. 4725 of 2010 decided on 20 May, 2010
2 (2007) 6 SCC 694
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19. Under the circumstances, we have no hesitation in dismissing the
appeal filed by the Bank also on the ground that the punishment of
dismissal could not have been imposed on Shukla after his
superannuation.
20. However, we must observe that the learned Single Judge had held
against the Bank and the Division Bench also held against the Bank.
Notwithstanding this the Bank preferred this appeal. The appeal was
preferred despite at least two decisions delivered by this Court making the
legal position clear. The Bank would have been well-advised to follow the
law laid down by this Court rather than unnecessarily litigate against an
employee who has superannuated. We have no doubt that Shukla must
have spent a considerable amount in litigation. Accordingly, while
dismissing the appeal, we impose costs of Rs. 1 lakh which will be paid
to Shukla within 4 weeks from today towards his legal expenses.
………………………J
(Madan B. Lokur)
...……………………..J
(Deepak Gupta)
New Delhi;
February 15, 2018
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