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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Bahubali, S/o. Late Nemiraj Gouda Alias Jain – Appellant
Versus
Joint Registrar Of Co-Operative Societies – Respondent
| Table of Content |
|---|
| 1. request to challenge tribunal's order (Para 1 , 2) |
| 2. background of petitioner’s termination (Para 3 , 4) |
| 3. discussion on potential settlement (Para 5 , 6) |
| 4. statement of undisputed facts regarding termination process (Para 7) |
| 5. court's legal reasoning regarding the de novo enquiry (Para 8 , 9) |
| 6. findings on adherence to principles of natural justice (Para 10) |
ORDER :
M. NAGAPRASANNA, J.
1. The petitioner is before this Court calling in question an order of the Karnataka Appellate Tribunal, which sets aside the order passed by the respondent Nos.2 and 3 imposing penalty of dismissal from service.
2. Heard the learned counsels Sri.Nagaraj S. Jain and Sri.Ravi Hegde for the petitioner, learned HCGP Smt.Girija S. Hiremath for the respondent-State and the learned counsel Dr.B.B.Ballari for respondent Nos.2 and 3.
3. Facts in brief germane are as follows:
The petitioner is said to have been appointed as a Chief Executive Officer of the 2nd respondent-Vikas Urban Co-operative Bank Ltd. (hereinafter referred to as “the Bank”, for short). After rendering about 21 years of service, it transpires that the petitioner's services comes to be terminated by the Board of the respondent
A de novo enquiry against a retired employee is impermissible in law unless permitted by service rules, highlighting the protection of employees' rights post-retirement.
If inquiry has been initiated while delinquent employee was in service, it would continue even after his retirement, but nature of punishment would change.
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
If inquiry has been initiated while delinquent employee was in service, it would continue even after his retirement, but nature of punishment would change.
The main legal point established is that conducting a denovo enquiry solely due to the Disciplinary Authority's disagreement with the Enquiry Officer's findings is impermissible. Additionally, the pr....
A de novo inquiry is permissible under Rule 26(1) of the CDA Rules when substantial evidence or procedural defects existed in the prior inquiry, ensuring compliance with principles of natural justice....
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
Employment and Service - Misconduct - Discharge from service - Claiming Retiral Benefits - Society failed to perform its statutory duty by not releasing retiral benefits to appellant.
The court clarified that inquiries against retired government servants can proceed under Rule 214 of KCSR despite Rule 14-A's limitations, affirming the Lokayukta's authority to conduct such inquirie....
Disciplinary proceedings must adhere to principles of natural justice, providing adequate opportunity for defense, especially when an employee is facing serious charges and imminent retirement.
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