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N. UNNI KRISHNAN NAIR
Md. Sarifuddin Ahmed – Appellant
Versus
Assam Co-Operative Apex Bank Ltd. – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
1. 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 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, assailed the Inquiry Report submitted in the matter pursuant to the Show Cause Notice, dated 16.07.2007, issued to the petitioner, herein.
3. The petitioner while rendering his service as an Internal Auditor at the Head Office of the respondent Assam State Cooperative Apex Bank Ltd., came to be placed under suspension vide an order, dated 18.04.2007, in contemplation of drawal of a departmental proceeding against him. The said order of suspension was followed by issuance of a Show Cause Notice, dated 16.07.2007, initiating a departmental proceeding against the petitioner, herein, basing on 16 allegations and consequential charges as levelled against him.
Departmental proceedings initiated without the appointing authority's approval are void, and failure to provide access to relevant documents violates natural justice principles.
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.
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
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....
Disciplinary proceedings against government servants must be initiated with proper authorization from the competent authority, failing which the proceedings are rendered void.
Disciplinary proceedings must be approved by the competent authority; failure to do so renders the proceedings void.
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