Facts
The Appellant (originally the petitioner, now represented by his legal heir) was a Regional Head at Union Bank of India.
Source reference: no citationHe was issued a charge memorandum on 08.09.2007 containing nine charges related to sanctioning loans without following guidelines, causing financial loss to the Bank.
Source reference: para. 3An enquiry report dated 17.03.2009 found charges 1 to 5 and 9 proved.
Source reference: para. 3Consequently, he was dismissed from service on 26.02.2010, a decision confirmed by the Appellate Authority on 03.01.2013.
Source reference: para. 3The Appellant challenged these orders via a Writ Petition, which was dismissed by a Single Judge on 31.10.2019.
Source reference: para. 3The present Writ Appeal was filed seeking to set aside that order and claim terminal benefits, citing discrimination in punishment compared to a Branch Manager and lack of clarity in enquiry findings.
Source reference: para. 5(a)Issues
1. Whether the findings of the Enquiry Officer were perverse or lacked evidence, particularly regarding "shared responsibility".
Source reference: para. 92. Whether the punishment of dismissal was discriminatory or disproportionate compared to the punishment of compulsory retirement awarded to a co-delinquent.
Source reference: para. 103. Whether the Appellate Authority failed to comply with Regulation 16(4) of the Union Bank of India Officer Employees’ (Discipline and Appeal) Regulations, 1976.
Source reference: para. 13Law Applied
The Court applied the established principles of judicial review in disciplinary matters, emphasizing that the power is limited to ensuring fair treatment and compliance with natural justice rather than re-appreciating evidence.
Source reference: para. 8It relied on *B.C. Chaturvedi v. Union of India* [(1995) 6 SCC 749], *Deputy General Manager v. Ajai Kumar Srivastava* [(2021) 2 SCC 612], and *Indian Oil Corporation v. Ajit Kumar Singh* [2023 LiveLaw (SC) 478] to hold that findings should be sustained if supported by some evidence.
Source reference: para. 8Regarding parity of punishment, it applied the ratio from *Damoh Panna Sagar Rural Regional Bank v. Munna Lal Jain* [(2005) 10 SCC 84], which establishes that different punishments can be imposed if the duties and responsibilities of delinquents differ, even for the same transaction.
Source reference: para. 11Reasoning
The Court analyzed the enquiry report and found that while the Enquiry Officer mentioned "shared responsibility" for charges 1, 2, 4, and 5, there was abundant evidence specifically against the Appellant, negating any claim of perversity.
Source reference: para. 9On the issue of parity, the Court distinguished the Appellant’s role as Regional Head from that of the Branch Manager (Mr. Arjunan); the Appellant held a higher position of responsibility and had allegedly ignored Audit Department warnings before sanctioning the subject loans.
Source reference: paras. 10-11Regarding the procedural challenge under Regulation 16(4), the Court found that the Appellate Authority’s order indicates a harmonious reading of the facts and gravity of charges, satisfying the regulatory requirement.
Source reference: para. 14Finally, the Court declined to exercise "mercy jurisdiction," noting that the Appellant’s conduct led to significant financial loss and lacked the mitigating circumstances found in previous precedents.
Source reference: para. 15Holding
The High Court dismissed the Writ Appeal, holding that there was no merit in the challenge against the Single Judge’s order.
The Court held that the findings of guilt were supported by evidence, the punishment was proportional to the Appellant's specific rank and negligence, and the procedural requirements of the disciplinary regulations were met.
Source reference: paras. 9, 11, 14The prayer to set aside the dismissal and award terminal benefits was rejected.
Source reference: para. 17Original Court PDF
M.K. Ravivarma (deceased) & Anr. v. Union Bank of India & Anr. [2026:MHC:811]
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