Back
SANDEEP V. MARNE
Jalna District Central Co-Operative Bank Ltd. – Appellant
Versus
Manik s/o Ambadas Toge – Respondent
JUDGMENT :
1. The short issue involved in the present petition is which evidence would prevail for determining correctness of punishment order - the one recorded in domestic enquiry or the one adduced before the labour court ?
2. The issue arises in the backdrop of challenge setup by Petitioner-Bank to the judgment and order passed by the Industrial Tribunal upholding the order of the Labour Court, which set aside the penalty of dismissal from service imposed on respondent.
3. Respondent was working in the services of Petitioner Bank as Agent/Cashier in its Shelgaon branch. He was placed under suspension by order dated 30.03.2015 and was later served with charge-sheet, alleging misappropriation of funds. The charge arose out of financial irregularities, noticed in the audit report of the bank. It was discovered that as against the subsidy of Rs.3,27,53,855/- which was to be disbursed to 4769 members in 9 villages whose crops were destroyed due to hailstorm, amount of Rs. 3,32,00812/-was found to be disbursed to 4458 members. This resulted in extra disbursement of amount of Rs.4,46,957/- and non-disbursal of amount to 311 members. Accordingly, financial irregularity in respect of total
In a situation where the domestic enquiry is found to be vitiated, only the evidence adduced before the labour court should be considered to establish the charges. The evidence from the domestic enqu....
The court reaffirmed the principle that in disciplinary matters, particularly involving fraud, the domestic enquiry must follow natural justice and the resultant punishment must reflect the severity ....
The Management must present fresh evidence if a domestic enquiry is deemed unfair, as prior proceedings cannot be relied upon.
The main legal point established in the judgment is that the Labour Court has a duty to grant the employer the opportunity to lead evidence in support of the charges once the domestic inquiry is foun....
The main legal point established in the judgment is the Tribunal's power to reassess evidence, consider absence of evidence, and draw adverse inferences in the context of disciplinary proceedings und....
The main legal point established in the judgment is that in a domestic inquiry, the charge is to be proved on the touchstone of preponderance of probability, and the pendency of a criminal trial has ....
Departmental inquiries require a preponderance of probabilities for proof, differing from the strict standards in criminal trials, and insufficient evidence can render dismissal illegal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
