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ARIJIT BANERJEE, M. V. MURALIDARAN
Sahajadpur S. K. U. S. Limited – Appellant
Versus
Nimai Sabal – Respondent
| Table of Content |
|---|
| 1. challenge to the dismissal order. (Para 1 , 2 , 3) |
| 2. arguments against maintainability of writ petition. (Para 4 , 5 , 6 , 8 , 10) |
| 3. nature of disciplinary procedure and required standards. (Para 12 , 14 , 21) |
| 4. violation of natural justice alleged. (Para 16 , 18 , 19) |
| 5. procedures followed in disciplinary proceedings. (Para 24 , 26 , 27) |
| 6. maintainability of writ against a cooperative society. (Para 50 , 52 , 54) |
| 7. final ruling on the appeal. (Para 72) |
JUDGMENT :
M.V. Muralidaran, J.
Calling into question the correctness of the order dated 3.8.2022 passed in W.P.A.No.4198 of 2022 by the learned Single Judge, the present appeal is filed by respondents 9 to 12 in the writ petition.
2. The first respondent has filed the writ petition challenging the disciplinary proceedings which has culminated in the imposition of a major penalty of dismissal from service.
3. By the order dated 3.8.2022, the learned Single Judge, disposed of the writ petition. It is propitious to reproduce the operative portion of the order of the learned Single Judge, which reads thus:
The pr
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.
The main legal point established in the judgment is the importance of adhering to principles of natural justice, including the right to cross-examine witnesses and the provision of relevant documents....
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must adhere to due process and jurisdictional authority, failing which it is deemed illegal.
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