TaxTMI 
TaxTMI 
2006 (1) TMI 607
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.... and other documents from one Sri. S.M. Desai with Sr. N.C. Yelasangi as the proposed surety/co-obligant without informing them the purpose for which the same was obtained. A loan of Rs. 6000/- for working capital needs of Sri. S.M. Desai's Boosari business was sanctioned and arranged by the respondent though the said Sri. S.M. Desai was not doing such business. Thereafter, the loan proceeds was withdrawn and received by the respondent by using a withdrawal slip issued in the name of the said Sri. S.M. Desai 15 days prior to the arranging the loan. b) Between January 1981 and March 1981, the respondent in connivance with Sri. K.B.Bhaskaraiah, the then Farm Representative of bank's Horti branch, Sri. H.K. Hegdeyal, the Pigmy collection Agent Sri Mareppa P. Talakeri, the then Attender of the bank's Horti branch and Sri. Parasappa Siddappa Talakeri, father of the said Sri, Mareppa P. Talakeri sanctioned and arranged 12 Sheep Loans of Rs. 4000/- each aggregating to Rs. 48,000/- under the DRI Scheme and received the amount of the said loans either directly or through the accounts of the said Sr. Parasappa Siddappa Talakeri. This was done as detailed below:- i) Sri. Parasappa Siddappa....
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....the date of receipt of this Charge Sheet, your written statement of defence, if any, showing cause as to why departmental proceedings should not be initiated against you and appropriate action should not be taken against you. ARTICLES OF CHARGES ARTICLE No.1: That during the period between 30.12.1976 and 22.7.1981, you were functioning as manager of our Horti Branch and that while functioning in your position as such, on 20.6.1979, you obtained loan applications and other documents in the name of Shri Shankarappa Malakappa Desai with Sri N.C. Yelasangi as the proposed co-obligant / surety without informing them the purpose for which, they were obtained: AND Then sanctioned and arranged in their names, a secured Loan of Rs. 6,000/- for the ostensible purpose of working capital requirements of Boosari business, knowingly or having reaons to believe that the said Sri Shankarappa Malakappa Desai was not doing such business; AND Got the loan proceeds withdrawn and received the same through a withdrawal slip issued in the name of the said Sri Desai, 15 days prior to the arranging of the loan. By your above acts, you failed to discharge your duties with utmost integrity, honesty, ....
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.... the respondent, the Appellate Authority dismissed the appeal by an order dated 29.4.1991 confirming the punishment of removal imposed by the Disciplinary Authority. Aggrieved thereby, the respondent filed a Writ Petition No. 12594 of 1991 challenging the removal of the respondent from the bank service. The learned Single Judge amongst others held that it is not a fit case for interference in so far as the finding on the charges framed against the petitioner (respondent herein). However, the learned single Judge was of the opinion that punishment imposed on the respondent was disproportionate to the gravity of the charge proved. The learned single Judge was also of the opinion that the respondent was placed under suspension from 19.7.1989 and he was removed from service on 29.7.1989 i.e. two days before the date on which the petitioner (respondent herein) would have attained the superannuation age in the normal course. The petitioner (respondent herein) served the appellant's bank for more than 33 years and except this disciplinary proceeding there was no other allegation of misconduct against the petitioner (respondent herein) while working in the bank. The petitioner (respondent....
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....t form part of chargesheet and were not relied upon by the prosecution prejudice the delinquent officer resulting in vitiating the enquiry proceedings. During the proceeding the management has produced oral evidence of 24 witnesses and documentary evidence by producing 218 documents, the fact which is not denied by the delinquent officer. It was the specific case of the appellants that the documents sought by the delinquent officer which were relevant for the purpose of enquiry and which were part of the charges were supplied to the delinquent officer, but the documents which were not supplied to the delinquent officer were those on which the prosecution either did not rely or which did not form part of the charges. Before we examine the issue No.2 we may at this stage quote the finding of the learned Division Bench in paragraph 16 of the judgment: "The reasons stated by the management of the Bank not to supply copies of certain documents sought by the appellant, in our considered opinion, are totally irrational and untenable. The documents in respect of which privilege of confidentiality was claimed by the Bank's Management, by no stretch of imagination, could be regarded as p....
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....he did not receive the cash from the cashier which was meant for the loanee. Learned counsel for the respondent vehemently urged that although the documents may not form part of the charges or be relied upon by the prosecution in the course of enquiry, denial of the same would prejudice the delinquent's case because denial of contemporary documents deprive the right of the delinquent to set up an effective defence. We are unable to countenance such submissions at all, that the documents which do not form part of the charges or are relied upon by the prosecution during the course of enquiry, non-supply of which would cause any prejudice to the delinquent officer. In the case of Krishna Chandra Tandon Vs. The Union of India, (1974) 4 SCC 374, it is held in paragraph 16 as under:- "Mr.Hardy next contended that the appellant had really no reasonable opportunity to defend himself and in this connection he invited our attention to some of the points connected with the enquiry with which we have now to deal. It was first contended that inspection of relevant records and copies of documents were not granted to him. The High Court has dealt with the matter and found that there was no sub....
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....sfully be raised. The violation of principles of natural justice arises only when a document, copy of which may not have been supplied to the party charged when demanded is used in recoding finding of guilt against him. On a careful consideration of the authorities cited on behalf of the appellant we find that the obligation to supply copies of a document is confined only to material and relevant documents and the enquiry would be vitiated only if the nonsupply of material and relevant documents when demanded may have caused prejudice to the delinquent officer." In our view, non-supply of documents on which the Enquiry Officer does not rely during the course of enquiry does not create any prejudice to the delinquent. It is only those documents, which are relied upon by the Enquiry Officer to arrive at his conclusion, the non-supply of which would cause prejudice being violative of principles of natural justice. Even then, the non-supply of those documents prejudice the case of delinquent officer must be established by the delinquent officer. It is well settled law that the doctrine of principles of natural justice are not embodied rules. It cannot be put in a straitjacket formula....