The Bombay High Court has pulled up the Punjab National Bank for conducting a “manipulated” inquiry against a former employee, Vinayak Balchandra Ghanekar. Ghanekar, a 63-year-old former employee, was dismissed after a departmental inquiry in 2018, just days before his retirement. He claimed that the inquiry was unfair and violated his rights, as he was given only one day to study the documents and respond to the charges.
The court, in its verdict, criticized the bank for failing to adhere to the correct procedure in conducting the inquiry, stating that it was one of the “worst kinds of any departmental enquiry”. The court also questioned the speed of the entire inquiry, highlighting that the 169-page enquiry report was prepared overnight. The court found no analysis of the documentary evidence and therefore found no reasons to hold Ghanekar guilty.
The court allowed Ghanekar’s writ petition, quashing the orders of the appellate authority and the reviewing authority, and directed the bank to pay a compensation of ₹5 lakh to Ghanekar within 30 days. The court also directed the bank to hold a fresh inquiry, preferably by a practicing advocate unconnected with the bank, and suggested an alternative to resolve the issue amicably if they desire a “golden handshake” and give a quietus to the matter.
This case highlights the importance of ensuring that employees are given a fair and reasonable opportunity to defend themselves against allegations, and that procedural justice is not compromised. The court’s verdict serves as a reminder to employers to ensure that their actions are transparent and fair, and to respect the rights of their employees.