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ARUN MONGA
Aaraj Sharma – Appellant
Versus
Kotak Mahindra Bank Ltd. – Respondent
ORDER :
1. This application has been filed by applicant (respondent No.1 in the petition) seeking to rectify certain mistakes in the order dated 07.11.2023 passed in SBCWP No.4729/2023 passed by this Court vide the main case i.e. SBCWP No.4729/2023 was disposed of.
2. My attention has been drawn to the wrong noting the name of counsel for respondent No.1 in the presence sheet i.e. it ought to have been Siddharth Tatiya instead of Siddhart Tatia. Also, in para 2.2 date of appointment letter ought to be 22.05.2018 instead of 22.05.2021.
3. Furthermore, in para-6.1 of the order, it is stated that a detailed written response dated 09.03.2022 (Annex.7) was given by the petitioner Bank instead of mentioning that detailed written response dated 09.03.2022 (Annex.6) was filed by the petitioner Bank.
4. Likewise, in the last line of para-6.4, the date of impugned order ought to have been mentioned as 17.01.2023.
5. The aforesaid mistakes in the judgment are purely typographical and the same need to be corrected.
6. Registry is directed to take steps for deleting the earlier order and upload the new corrected order.
7. Accordingly, the corrected version of the judgment shall not be read as below:-
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
Termination under CCS (Temporary Service) Rules Rule 5(1) is punitive if founded on specific misconduct without formal enquiry, even if order appears simpliciter; requires reinstatement with liberty ....
Termination of a temporary employee must follow due process, including an inquiry if the action is stigmatic and punitive.
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
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