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N. UNNI KRISHNAN NAIR
Md. Sarifuddin Ahmed S/o- Lt. Asrat Ali – Appellant
Versus
Assam Co-Operative Apex Bank Ltd. – Respondent
JUDGMENT :
Heard Mr. S. Katakey, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned standing counsel, appearing on behalf of the respondents Assam State Co-operative Apex Bank Ltd..
2. The above-noted writ petition was heard and disposed of by this Court vide judgment & order(oral), dated 21.03.2024. However, the petitioner had preferred a review petition being Review Petition No. 101/2024, before this Court, praying for review of the said judgment & order. The said review petition upon hearing the learned counsels appearing for the parties, was disposed of by this Court vide order, dated 11.09.2024, recalling the judgment & order (oral), dated 21.03.2024. The present writ petition was accordingly, restored to file and was again heard and thereafter, came to be reserved for judgment. The writ petition, accordingly, is being disposed of by the present order.
3. The challenge in the present proceeding is to an order, dated 21.10.2013, issued by the Respondent No. 2, herein, towards imposing the penalty of dismissal from service upon the petitioner on conclusion of a departmental proceeding initiated against him. The petitioner has also in the present proceeding, as
Departmental proceedings must be initiated by the appointing authority, and failure to comply with this requirement renders the proceedings void, violating principles of natural justice.
Departmental proceedings initiated without the appointing authority's approval are void, and failure to provide access to relevant documents violates natural justice principles.
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
The main legal point established is the requirement for a fair and evidence-based disciplinary proceeding, including the right to cross-examine witnesses and the importance of providing crucial docum....
Departmental proceedings must comply with established rules, requiring evidence and witness examination; failure to do so invalidates the proceedings.
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
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