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ALOK ARADHE, S. VISHWAJITH SHETTY
Tharian Chacko – Appellant
Versus
Union Bank of India – Respondent
JUDGMENT
VISHWAJITH SHETTY, J.
This intra court appeal is filed by the unsuccessful petitioner challenging the order dtd. 28/2/2013 passed by the learned Single Judge of this Court in W.P.No.4924/2009.
2. Heard the learned Counsel for the parties.
3. Brief facts of the case as revealed from the records which would be necessary for the purpose of disposal of this appeal are, the appellant had joined the services of the respondent-Bank as Officer Grade-II in 1978 and he was later promoted to Middle Management Grade Scale-III in November 1988. When he was working as the Branch Manager at Trivandrum, he was deputed to Andhra Bank Financial Services Limited (hereinafter referred to as 'ABFSL') which is wholly a subsidiary of respondent no.1-Bank as its Senior Vice- President. While he was working in ABFSL, a criminal case was registered against M/s. Fairgrowth Financial Services Limited. The appellant was examined in the said case as a witness. Since he allegedly refused to give a statement against the Officers of the Bank as requested by the Central Bureau of Investigation (CBI) which was investigating the case, a false criminal case was allegedly registered against him and the CBI took
Under Article 226/227 of the Constitution of India, the High Court shall not re-appreciate the evidence, interfere with the conclusions in the enquiry, in case the same has been conducted in accordan....
Disciplinary proceedings were upheld as valid; delay and procedural flaws were insufficient to overturn dismissal for misconduct.
Disciplinary proceedings against bank employees must adhere to established regulations, and decisions upheld by the appellate authority are not subject to re-evaluation by the High Court unless deeme....
(1) Dismissal--Standard of proof required in criminal proceedings being different from standard of proof required in departmental enquiries, same charges and evidence may lead to different results in....
The main legal point established in the judgment is the violation of natural justice in the termination of the petitioner's service, particularly in relation to charge no.8, and the court's decision ....
In disciplinary proceedings, the Disciplinary Authority is not bound by exoneration by the Inquiry Authority, and adherence to principles of natural justice is crucial; delay alone does not invalidat....
The main legal point established in the judgment is the requirement for reasons in the decision-making process, adherence to the principles of natural justice, and the limited scope of judicial revie....
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