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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M. MANOJ, J
P.Sankaran Namboothiri, S/o.S.Parameswaran Namboodiri – Appellant
Versus
Kerala State Financial Enterprises Ltd – Respondent
JUDGMENT :
P.M.MANOJ, J.
The writ petition is preferred primarily challenging Ext.P2 and related Ext.P1 memo of charges, Ext.P3 enquiry report and Ext.P5 order passed in the appeal.
2. The petitioner was an employee of the Kerala State Financial Enterprises (for short ‘KSFE’) - the 1st respondent. He entered into the service of the 1st respondent on 28.08.1978. At the time of termination, he had completed 29 years of service.
3. While initiating disciplinary proceedings, he was working as the Senior Manager. The issue involved in this case is with respect to his tenure in the Loan Unit at Kottayam. During those periods, he had sanctioned 300 loans, which amounts to Rs.3 Crores. Out of which, the dispute was raised with respect to 24 loans, which were defaulted, and on examination and verification of the documents, certain irregularities were found, and the petitioner was charge-sheeted after two years.
4. Going by the charge memo, which is produced as Ext.P1, it is stated that the petitioner, in blatant violations of the procedures in vogue, had sanctioned loans amounting to Rs.34,40,000/- to a group of persons related to Sri.M.R.Sasikumar, one of the Chitty Canvassing Agents, during a
Vague charges in disciplinary proceedings violate principles of natural justice, hindering the right to a fair defense and necessitating clear evidence for findings.
Procedural irregularities in disciplinary proceedings do not automatically invalidate the inquiry unless they result in prejudice to the employee's ability to defend themselves.
In disciplinary proceedings, the burden of proof lies with the charged officer to disprove allegations, and adherence to natural justice is essential for valid outcomes.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
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....
Punishment in disciplinary proceedings must adhere to principles of natural justice and be proportionate to the misconduct; excessive punishment may warrant judicial intervention.
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