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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL, J
Madan Lal Goria S/o Shri Puran Chand – Appellant
Versus
State Bank Of India And Others, Corporate Centre – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashment (Para 1) |
| 2. grounds for review petition (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. absurd view taken by appellate authority (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59) |
| 4. jurisdictional issues (Para 36) |
JUDGMENT :
FACTUAL MATRIX OF THE CASE
3. Simultaneously, after the registration of FIR against the petitioner, the respondents also initiated disciplinary action against him and framed the following three Articles of charges against him:-
i. You did not follow Bank's laid down instructions in the matter of pre/post sanction, appraisal and sanction of advances.
i. You were caught red headed by state Vigilance Deptt.While accepting bribe.
i. You caused loss of Image to the Bank.”
5. It has been urged by Mr. Sunil Sethi, learned senior counsel appearing on behalf of the petitioner that respondent No. 2, thereafter, without proper evaluating the reply submitted by the petitioner and evidence which has come on record proceeded to pass order dated 17.04.
Disciplinary proceedings cannot stand if the charges are identical to those in a criminal case where the accused has been acquitted, emphasizing the need for full disclosure of material facts in judi....
Point of law : When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy befor....
The main legal point established in the judgment is the requirement for the disciplinary authority to follow the principles of natural justice, record tentative reasons for disagreement with the inqu....
The court emphasized that a dismissal must be proportionate to the misconduct and that procedural violations in disciplinary inquiries can invalidate the outcome.
Point of Law : Service Law - Punishment of Compulsory Retirement - Illegal gratification - An order passed imposing a punishment on an employee consequent upon a disciplinary/departmental enquiry in ....
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