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VENKATESWARLU NIMMAGADDA
State of Andhra Pradesh – Appellant
Versus
Marvel Financial Services Ltd. – Respondent
JUDGMENT
1. This writ petition is filed for the following relief:
" ..... to issue a writ, order or direction, more particularly, one in the nature of writ of certiorari by calling the records by declaring the action, things and deeds of respondents in terminating the petitioner from service by proceedings dtd. 24/11/2016 issued by the 3rd respondent which are illegal, irregular, arbitrary and contrary to the provisions of the A.P. Co-operative Societies Act, 1964 and its Rules and against to the Memorandum of Settlement arrived between the Andhra Pradesh Co-operative Banks' Association, Hyderabad and the Andhra Pradesh Bank Employees Federation/Andhra Pradesh Co-operative Central Banks employees Association on 7/7/2008, against to the directions of this Court in W.P.No.41141 of 2015 dtd. 20/7/2016 and also in violation of Articles 14, 19, 21 and 311 of the Constitution of India and consequently, to set aside the proceedings dtd. 24/11/2016 by re-instating the petitioner into service with all benefits including back wages and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case."
2. Heard Sri Narasimha Rao Gudiseva, learned counse
A delinquent employee is entitled to be represented by a legal practitioner in a domestic enquiry, especially when the employer is represented by legally trained persons.
Dismissal orders must be passed in accordance with the principles of natural justice, including providing the employee with a reasonable opportunity to defend themselves and supplying a copy of the i....
(1) Dismissal – [Departmental charge-sheet is not a plaint that an evasive reply thereto may amount to admission – In a departmental enquiry, unless charge is admitted, burden to prove charge lies on....
The court established that in departmental inquiries, adherence to principles of natural justice is paramount, and failure to provide a fair opportunity to defend oneself can render the inquiry and s....
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
Intentional avoidance of participation in enquiry proceedings waives the plea of natural justice and estops the petitioner from questioning the non-compliance of natural justice.
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