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HARISANKAR V. MENON
Palakkad District Co-operative Bank Managing Committee – Appellant
Versus
Raghavan, S/o. Veluchamy – Respondent
JUDGMENT :
Harisankar V. Menon, J.
These writ petitions are filed by a Co-operative Society registered under the provisions of the Kerala Co-operative Societies Act, 1969 (for short, the Act) against one of its employees and the other by the said employee against the Co-operative Society.
2. The short facts necessary for the disposal of these writ petitions, as culled out from WP(C) No.40300 of 2017 are as under:
The 1st respondent entered the service of the petitioner on 26.06.1989 under a quota reserved for employees of the Member Societies, by producing a certificate from the Moongilmada Service Co-operative Bank, which had a membership with the petitioner. Later, some enquiries were carried out by the petitioner which revealed that the 1st respondent never worked with the said Moongilmada Service Co-operative Bank. The Joint Registrar of Co-operative Societies, Palakkad, also made enquiries wherein the same conclusion was arrived at. On the basis of the said enquiry, the petitioner issued Ext.P1 charge memo dated 29.08.1988, directing the 1st respondent to show cause as to why proceedings may not be initiated against him on the basis of the forged certificate produced by him for ob
Acquittal in a criminal case does not bar disciplinary action in employment matters, as the standards of proof and objectives differ significantly.
An employee whose service is illegally terminated is entitled to full back wages unless the employer proves otherwise, and disciplinary proceedings must adhere to principles of natural justice.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
The requirement of natural justice necessitates supplying an inquiry report to the delinquent, and failure to do so invalidates disciplinary action, justifying reinstatement of the employee.
Mistakes in implementation of disciplinary proceedings do not invalidate findings against impersonation if the misconduct is substantiated. Delays in proceedings, while regrettable, do not excuse fra....
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