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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Champakkara Service Co-operative Bank Ltd – Appellant
Versus
S. Geethamani Krishna Kripa House – Respondent
JUDGMENT :
The above writ petition is filed challenging Exts.P14 and P16 and for other consequential reliefs.
2. The averment in the writ petition, in brief, is as follows: The 1st petitioner is a co-operative bank. Alleging malpractice and irregularities, the respondent who was working as Secretary was suspended from service and the sub committee was authorized to verify and submit a report in this regard. Later show-cause notice was issued and a three-member disciplinary committee was constituted for enquiry. An enquiry officer was appointed who submitted Ext.P4 enquiry report finding that the management had failed to prove the charges against the respondent and she was found to be not guilty. The report was deliberated by the disciplinary sub-committee. Before taking a final decision, the Chairman of the sub-committee resigned and later a new three-member committee was constituted. They considered the report and found that the findings in the report are wrong and after analysing the report and the evidence adduced in the enquiry, they found that charge Nos.1, 2, 4, 8, 9, 12, 13, 14, 15, 17, 18 and 19 stand proved. The respondent was given a copy of the decision of the sub-committe
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In disciplinary proceedings, the Disciplinary Authority is not bound by exoneration by the Inquiry Authority, and adherence to principles of natural justice is crucial; delay alone does not invalidat....
The court established that an employee must be given a chance to respond to an enquiry officer's findings before a disciplinary authority makes a decision, as a matter of natural justice.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
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