Canara Bank – Appellant
Versus
V. K. Awasthy – Respondent
Judgment
Arijit Pasayat, J.—Leave granted.
2. Challenge in this Appeal is to correctness of the judgment rendered by a Division Bench of the Kerala High Court holding that the order directing respondent’s dismissal from service was in violation of the principles of natural justice. Therefore, it was held that the order was passed without proper application of mind regarding the findings recorded by the Disciplinary Authority on the basis of report of the enquiry officer, and relating to imposition of punishment. However, High Court permitted the respondent - writ petitioner to make a detailed representation to the Disciplinary Authority in respect of the enquiry proceedings and findings, within a stipulated time and direction was given to the Disciplinary Authority to consider the submission and pass a fresh order. High Court further directed that the period during which respondent was out of service was to be treated as period under suspension, and the employee was to be paid subsistence allowance. It would be relevant to note that the respondent filed a Writ Petition questioning the order directing his dismissal from service. Learned Single Judge came to hold that the quantum of p
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