Disciplinary appeal procedure: notice and written representation can suffice, and removal for breach of trust was sustained.

In disciplinary appeals, compliance with the prescribed notice-and-representation procedure was held sufficient where the service rules did not require a separate oral hearing. The appellate authority's enhancement of penalty from reduction in basic pay to removal from service was sustained because a show-cause notice was issued, the employee's written reply was considered, and the record showed application of mind to serious misconduct involving breach of integrity in sanctioning a loan to the employee's spouse. The plea of natural justice failed, and the enhanced punishment was not treated as disproportionate in view of the abuse of position and breach of trust.

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Issues: Whether the appellate enhancement of penalty from reduction in basic pay to removal from service was valid, and whether the absence of a personal hearing vitiated the appellate order.

Analysis: The appellate authority acted under the service rules by issuing a show-cause notice before enhancing the penalty and by considering the employee's written representation. Rule 69(2) required notice and consideration of the reply, while Rule 69(5) empowered the authority to deal with delay and procedural aspects. The record showed application of mind to the proved misconduct, particularly the serious breach of integrity in sanctioning a loan to the employee's spouse in violation of Rule 34(3)(1). The governing principle of natural justice did not mandate a separate oral hearing in the circumstances, and the punishment could not be said to be disproportionate where the misconduct involved abuse of position and breach of trust by a bank officer.

Conclusion: The enhancement of punishment to removal from service was sustained and the plea based on want of personal hearing failed.

Final Conclusion: The appeal was rejected, the order of removal from service was upheld, and the employee was left entitled only to full pension and gratuity.

Ratio Decidendi: In disciplinary appeals, compliance with the prescribed notice-and-representation procedure is sufficient where the rules do not require an oral hearing, and courts will sustain enhanced punishment for misconduct involving dishonesty or breach of trust by an employee holding a position of integrity.

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