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Issues: (i) Whether the disciplinary finding against the respondent was liable to be interfered with on the ground that the inquiry suffered from no evidence or breach of natural justice. (ii) Whether the penalty of dismissal was disproportionate to the proved misconduct and called for modification.
Issue (i): Whether the disciplinary finding against the respondent was liable to be interfered with on the ground that the inquiry suffered from no evidence or breach of natural justice.
Analysis: The respondent's own admissions in the reply to the show-cause notice and in written communications, together with the documentary material and the testimony of the investigating officer, established the irregular transactions. The inquiry was supported by material on record, and the respondent cross-examined the witness. In judicial review, the adequacy or reliability of evidence cannot be reappreciated, and interference is justified only where there is no evidence, perversity, or violation of natural justice. On the facts, the inquiry was not shown to be unfair or unsupported by evidence.
Conclusion: The finding that the inquiry was a case of no evidence or that natural justice was violated was rejected.
Issue (ii): Whether the penalty of dismissal was disproportionate to the proved misconduct and called for modification.
Analysis: The misconduct involved financial irregularities by a bank branch manager, a role requiring a high standard of honesty and integrity. At the same time, the financial loss had been made good, the respondent had a long unblemished career, and the misconduct, though serious, did not justify the severest penalty in the circumstances. Applying proportionality in disciplinary matters, the punishment required moderation while preserving the finding of misconduct.
Conclusion: The dismissal was held disproportionate and was modified to a minor penalty of reduction to a lower stage in the time scale of pay for one year without cumulative effect and without affecting pension.
Final Conclusion: The disciplinary finding was restored, but the punishment was toned down to a lesser penalty, resulting in only partial success for the appellants.
Ratio Decidendi: In judicial review of disciplinary action, a finding supported by admissions and documentary evidence cannot be treated as one of no evidence or as vitiated by natural justice, but the punishment may still be interfered with where it is disproportionate to the proved misconduct.
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