Excelsior Correspondent
SRINAGAR, Feb 17: High Court ruled that when all procedural requirements are complied with in order to expel an employee for his misconduct by the employer, then courts would not interfere with the quantum of punishment.
Holding the removal of a bank official for his service misconduct as valid, Justice Sanjay Dhar dismissed the plea filed by one Gagandeep Singh Sambyal (Assistant Manager) in J&K Bank who was removed for services last year.
The official has misused his position by manipulating the entries in the records of the bank to conceal actual position and caused damage to the property of bank’s customers.
He was involved in transferring funds of the customers in the account of his cousin and also transfer of funds from the account of his father to his personal account.
“…It is clear that once it is found that all the procedural requirements have been complied with, the courts would not ordinarily interfere with the quantum of punishment imposed upon a delinquent employee”, Justice Dhar has held while dismissing the plea of the officer.
The court said that the officer was expected to exercise a higher standard of honesty and integrity while dealing with the funds deposited with the Bank.
Once the petitioner, court added, was found guilty of having acted to the prejudice of interests of the Bank, it was but natural for the authorities of the Bank to lose their confidence upon him. “His remaining in service would have been detrimental to the interests of the Bank and its customers.”
“…There was no option left with the disciplinary authority except to impose major punishment of removal of service upon the petitioner… I do not find any ground to interfere in the impugned action of the respondents. The writ petition lacks merit and is, accordingly, dismissed”, the court concluded.
