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VIJAY BISHNOI
Chand Mal Kothari – Appellant
Versus
Bhilwara Urban Co-Operative Bank Ltd. – Respondent
ORDER
1. This writ petition has been filed by the petitioner with the following prayers :-
Cost of this writ petition may kindly be awarded in favour of the petitioner.
Any other appropriate direction or order which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be granted."
2. Brief facts of the case are that the petitioner was working as Officer (Cash Credit and Current Deposit) with the respondent - Bhilwara Urban Co-Operative Bank Limited, Bhilwara (hereinafter to be referred as 'the respondent-bank') at Nagori Garden Branch, Bhilwara since 08.08.2014.
3. Vide order dated 01.01.2019 (Annexure-3), the petitioner was suspended from the said post on the g
The court affirmed that an employee can be suspended pending inquiry for serious misconduct, even if the inquiry has not yet commenced.
Termination without adequate evidence and disregard for fair procedures violates principles of natural justice.
Charge-sheets should not be quashed at the initial stage and suspension should not be made in a perfunctory or routine manner. The competent authority should examine the charge-sheets and take a deci....
The court ruled that suspension orders must adhere to legal standards and cannot be arbitrary, emphasizing the need for proper justification and adherence to procedural rules.
Disciplinary actions must adhere to principles of natural justice, and failure to provide relevant evidence undermines the validity of proceedings.
The main legal point established in the judgment is that the suspension order cannot be challenged at a stage when the inquiry proceedings have reached near conclusion, and a decision on imposing a p....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
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