Lawstreet Journal

'No Elaborate Reasons Required to Be Recorded by the Disciplinary Authority While Imposing Punishment': Supreme Court

Lawstreet Journal 11 Feb 2021 9:32pm

Image courtesy: Lawstreet Journal Judiciary 'No Elaborate Reasons Required to Be Recorded by the Disciplinary Authority While Imposing Punishment': Supreme Court

In a recent decision dated 8th February, 2021, the Apex court of the country held that it is not mandatory for the Disciplinary Authorityto record detailed reasons while imposing punishment in accordance with the investigations done by the Enquiry officer. 

In this particular case, an investigation was done and a report was made that found out that the manager of Lakhimi Gaolia Bank was guilty of sanctioning and dispersing loans without following the due procedure prescribed under law. He was also found guilty of misappropriation and disbursing loans irregularly in some cases to (1) units without any shop/business ; (2) more than one loan members from the same family etc. The report was accepted by the Disciplinary Authority and a punishment of ‘compulsory retirement’ was imposed on the manager. 

A bench comprising Justices Ashok Bhusan, R. Reddy and M.R Shah observed that issuance of a show cause notice by the Disciplinary Authority proposing a punishment for a wrongwould not amount to a decision by the Authority. 

The Appellant argued that no reasons were recorded by the Disciplinary Authority dated 29.08.2005 while imposing the punishment of ‘compulsory retirement’ . The Apex Court made it clear that “if the disciplinary authority accepts the findings recorded by the Enquiry Officer and passes and order , no detailed reasons are  required to be recorded in the order imposing punishment”. 

As long as the reasons are recorded in the enquiry report, it is not mandatory for the disciplinary authority to give reasons while imposing punishment as well.

Thus, the Court… Continue Reading...

Tagged: Supreme Court of India  
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