ORIENTAL BANK OF COMMERCE & ANR. versus R.K. UPPAL

Citation: [2011] 10 S.C.R. 218 · Decided: 11-08-2011 · Supreme Court of India · Bench: AFTAB ALAM · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2011] 10 S.C.R. 218 
A 
ORIENTAL BANK OF COMMERCE & ANR. 
B 
v. 
R.K. UPPAL 
(Civil Appeal No. 128 of 2007) 
AUGUST 11, 2011 
[AFTAB ALAM AND R.M. LODHA, JJ.) 
Oriental Bank of Commerce Officer Employees 
(Discipline and Appeal) Regulations, 1982: Regulation 17 -
C Dismissal from service for misconduct -
Appeal by -
delinquent ulregulation 17 for assailing dismissal order and 
for grant of personal hearing - Appellate authority rejecting 
the request for personal hearing and dismissing appeal -
Justification of - Held: Regulation 17 affords to an employee 
D right of appeal -
The said provision does not expressly 
· provide for personal hearing to the delinquent - In the 
absence of personal hearing to the delinquent, it cannot b-u 
said that the very right of appeal is defeated ..., In the instant 
case, appellate authority addressed the points raised in the 
E appeal and critical to the decision and held that on 
consideration of the inquiry record and facts and 
circumstances of the case, the findings and the order passed 
by disciplinary authority were based on evidence brought on 
record of inquiry and not founded on past record or any other 
F matter not connected with inquiry as alleged by the delinquent · 
in the appeal - The order of the appellate authority cannot 
be said to suffer from vice of lack of reasons - Service law -
Judgment/Order - Natural justice. 
Administrative law: Principle of natural justice -
G Applicability of - Held: The requirements of natural justice 
must depend on the circumstances of the. case, the nature of 
the inquiry, the rules under which the Tribunal is acting, the 
subject matter that is being dealt with and so forth - Natural 
justice. 
H 
' 218 
ORIENTAL BANK OF COMMERCE & ANR. v. F.K. 
219 
UPPAL 
Appeal: Right of appeal - Held: Is not an inherent right A 
- None of the facets of natural justice requires that there 
should be right of appeal from any decision - Natural justice. 
Judgment/Order: By the appellate authority - Held: The 
appellate authority must record reasons in support of its order 8 
to indicate that it has applied its mind to the grounds raised 
but it is not the requirement of law that an order of affirmance 
by the appellate authority must be elaborate and extensive -
Appeal. 
The inquiring authority found the respondent guilty C 
of misconduct. The disciplinary authority concurred with 
the findings of the inquiring authority and keeping in view 
the seriousness of charges and gravity of the proved 
conduct, it imposed the penalty of dismissal. The 
respondent preferred an appeal under regulation 17 of D 
the Oriental Bank of Commerce Officer Employees 
(Discipline and Appeal) Regulations, 1982 assailing his 
dismissal order on diverse grounds and also requested 
for grant of personal hearing. The appellate authority 
rejected the respondent's request for personal hearing 
E 
and dismissed his appeal. The respondent filed a writ 
petition before the High Court. The High Court allowed 
the delinquent's writ petition partly and set aside the 
order of the appellate authority and remitted the matter 
back to it with a direction to pass a reasoned order after 
F 
giving an opportunity of hearing to the respondent. The 
instant appeal was filed challenging the order of the High 
Court. 
Allowing the appeal, the Court 
G 
HELD: 1. It is now fairly well settled that the 
·requirements of natural justice must depend on the 
circumstances of the case, the nature of the inquiry, the 
rules under which~the Tribunal is acting, the subject 
matter that is being dealt with and so forth. The 
H 
220 
SUPREME COURT REPORTS 
(2011] 10 S.C.R 
A. 
application of the doctrine depends upon the nature of 
jurisdiction conferred on 'the administrative authority,. 
upon the character of the rights of the persons affected, 
the scheme and policy of the statute and other relevant 
circumstances disclosed in the particular case. (Para 18) 
B (234-B-D] 
Union of India & Anr. v. P.K. Roy & Ors. AIR 1968 SC 
850: 1968 SCR 186 - relied on. 
2. A right of appeal is not an inherent right. None of 
C the facets of natural justice requires that there should be 
right of appeal from any decision. The extent of power of 
an appellate forum and the mode and manner of its 
exercise can always be provided in the provision that 
creates such right. Insofar as provision of appeal in 
D regulation 17 of the Oriental Bank of Commerce Officer 
Employees (Discipline and Appeal) Regulations, 1982 i

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