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ARUN MONGA
Kotak Mahindra Bank Ltd. – Appellant
Versus
Aaraj Sharma S/o Suraj Sharma – Respondent
ORDER :
Petition is directed against an order dated 17.11.2022 (Annexure–9) passed by the Court of Prescribed Officer Rajasthan Shops and Commercial Establishment Act, Jodhpur whereby termination of services of the respondent no.1 by petitioner bank was held illegal and it has been directed to reinstate him with consequential benefits.
2. Succinct facts first, as pleaded in the instant writ petition.
2.1 Petitioner is a duly registered banking company, with its registered office located in Mumbai. Respondent No.1 was appointed on the post of Senior Manager at the Jodhpur Branch, in M-4 grade, w.e.f. 02.07.2018.
2.2 Terms and conditions of service were conveyed vide bank letter dated 22.05.2021 to respondent No.1. Termination clause no. 19 contained therein states as under :
19. Your services can be terminated by the Bank, without any notice or payment of any kind in lieu of notice, in the following cases:
19.1 Any incorrect information furnished by you or on suppression of any material information; and/or
19.2 Any act, which in the opinion of the management is an act of dishonesty, disobedience, insubordination, incivility, intemperance, irregularity in attendance or other mi
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....
The main legal point established in the judgment is the requirement for adherence to the principles of natural justice in employment disengagement, emphasizing the need for a detailed enquiry and opp....
Termination of a probationary employee requires a departmental inquiry if allegations of misconduct are made, and continued employment without formal disengagement results in deemed permanency.
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.
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