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HARINATH N.
Nali Sree Devi, D/o N. Prahalada Rao – Appellant
Versus
Krishna District Cooperative Central bank Limited – Respondent
ORDER :
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
2. Heard learned counsel for the petitioner and learned counsel for the respondent.
3. Learned counsel for the petitioner submits that the petitioner while working as a Manager at the respondent Bank during 16.11.2001 to 09.01.2003 was alleged to have been involved in misappropriation of funds of the society.
4. An inspection report was submitted to the Bank by the Assistant General Manager after conducting inspection under Section 53 of Andhra Pradesh Cooperative Societies Act, 1964. It is alleged that the petitioner along with Ex-secretary and Supervisors of the respondent Bank were charged with misappropriation of amount of Rs. 13,23,300/-. It is further alleged that the petitioner was specifically responsible for misappropriat
Disciplinary action must align with evidence; disproportionate punishment is not permissible when actions were taken in good faith.
Employee dismissal requires substantial evidence of misconduct; failure to provide independent proof necessitates reconsideration of disciplinary actions.
Procedural fairness requires that orders in surcharge proceedings be reasoned, ensuring that necessary parties are included, especially when allegations of misappropriation are involved.
The court emphasized the limited scope of its interference in disciplinary proceedings and the importance of integrity in handling bank funds.
The standard of proof required under the Co-operative Societies Act is distinct and different from that required under Criminal Law, and preponderance of probabilities suffices for punishment under t....
Disciplinary proceedings for employee misconduct can be maintained irrespective of delays from earlier actions, emphasizing the right to investigate allegations of financial irregularities.
Employment law requires that disciplinary action for severe misconduct, such as misappropriation and forgery, must be commensurate with the offenses committed, prioritizing accountability over rehabi....
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