TARA CHAND VYAS versus CHAIRMAN AND DISCIPLINARY AUTHORITY AND ORS.

Citation: [1997] 2 S.C.R. 472 · Decided: 24-02-1997 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Dismissed

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Judgment (excerpt)

A 
TARA CHAND VYAS 
v. 
CHAIRMAN AND DISCIPLINARY AUTHORITY AND ORS. 
FEBRUARY 24, 1997 
B 
(K. RAMASWAMY AND G.T. NANAVATI, JJ.] 
Service Law : 
Disciplinary proceedings-<Jpportunity to cross-examine the wit-
C nesses---Branch Manager of Bank-Subjected to disciplinary proceedings on 
the charges that he derelicted in performances of duties in making payment 
of loans to dealers without ensuring supply of implements to loanees and 
deposit of adequate securities from dealers-<Jn the basis of report of Inquiry 
Officer, disciplinary authority found the charges established and imposed the 
proposed punishment-Plea of the delinquent that he was not given oppor-
D tunity to cross-examine the witnesses-Held, it cannot be said that there is any 
manifest error apparent on the face of the record warranting interference--lm-
putation of charges was based on documentary evidence which was part of 
the record and copies thereof had been supplied to delinquent. 
CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) 
E No. 3291 of 1997. 
F 
From the Judgment and Order dated 4.10.96 of the Rajasthan High 
Court in D.B.C.S.A. No. 1009 of 1996. 
B.D. Sharma for the Petitioner 
The following Order of the Court was delivered : 
The petitioner was imputed with the charges that while working as a 
Branch Manager of the respondent-Gramin Bank, Khareri Branch between 
March 17, 1982 to August 8, 1983, he derelicted in the performance of the 
G duties in making payment of loans without ensuring supply of implements 
to the loanees and deposit of adequate security from the dealers as a 
consequence of which the respondent-Bank was put to loss. The enquiry 
officer found that all the fourteen charges were proved. On the basis 
thereof, the disciplinary authority found that the charges were established 
H and imposed the proposed punishment. Impugned order came to be 
472 
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T.C. VYAS v. CHAIRMAN AND DISCIPLINARY AU1HORITY 
473 
passed, on appeal, by the Board. The writ petition filed by the petitioner A 
was dismissed. The Special Appeal No. 1009 of 1996 was also dismissed on 
October 4, 1996 by the Division Bench of the Rajas than High Court, Jaipur 
Bench, Thus, this special leave petition. 
Economic empowerment is a fundamental right of the weaker sec-
B 
tions of the people, in particular the Scheduled Castes and Scheduled 
Tribes, ensured. under Article 46 as a part of social and economic justice 
envisaged in the Preamble of the Constitution; the State is enjoined to 
promote their welfare effectuated under Article 38, Distribution of 
material resources to elongate that purpose envisaged in Article 39(b) is 
the means for the development of the weaker sections. The banking busi-
C 
ness and services were nationalised to achieve the above objects. The 
nationalised banks, therefore, are the prime sources and pillars for estab-
lishment of socio-economic justice for the weaker sections. The employees 
and officers working in the banks are not merely the trustees of the society, 
but also bear responsibility and owe duty to the society for effectuation of D 
socio-economic empowerment. Their acts and conduct should be in dis-
charge of that constitutional objectives and if they derelict in the perfor-
mance of their duty, it impinges upon the enforcement of the constitutional 
philosophy, objective and the goals under the rule of law. Corruption has 
taken deep roots among the sections of the society and the employees 
holding public office or responsibility equally became amenable to corrupt E 
conduct in the discharge of their official duty for illegal gratification. The 
banking business and services are also vitally affected by catastrophic 
corruption. The disciplinary measure should, therefore, aim to eradicate 
the corrupt proclivity of conduct on the part of the employees/officers in 
the public offices including those in banks. It would, therefore, be necessary p 
to consider, from this perspective, the need for disciplinary actions to 
eradicate corruption to properly channelise the use of the public funds, the 
live wire for effectuation of socio-economic justice in order to achieve the 
constitutional goals set down in the Preamble and to see that the corrupt 
conduct of the officers does not degenerate the efficiency of service leading 
to denationalisation of the banking system. What is more, the Nationalisa- G 
tion of the banking service was done in the public interest. Every 
employee/officer in the bank should st

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