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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
G. S. Jha S/o Late G. N. S. Jha – Appellant
Versus
Chairman and Managing Director, Punjab National Bank, New Delhi – Respondent
Headnote: Read headnote
ORDER :
1. The appellant who was an employee of Punjab National Bank suffered the major penalty of “removal from service which shall not be a disqualification for future employment” and this penalty order dated 31st January 2013 has been approved by the appellate authority by an order dated 26th December 2013.
2. The aforementioned orders were challenged by the appellant in W.P. (S) No. 1957 of 2014 which has been dismissed on the ground that the departmental proceeding was conducted in a fair and proper manner.
3. The writ Court has referred to Escorts Farms Ltd. vs. Commissioner, Kumaon Division, Nainital, U.P. and Others, (2004) 4 SCC 281 to fortify its opinion that the matter need not be remanded back on the ground of violation of the rules of natural justice. The writ Court has further observed that no prejudice was caused to the delinquent bank employee and, therefore, no interference is warranted in the matter.
4. The writ Court has relied on the decision in Managing Director, ECIL, Hyderabad and Others vs. B. Karunakar and Others, Click Here to Read the rest of this document
The central legal point established in the judgment is the significance of the employee's right to receive the enquiry report and make representations, as integral to the principles of natural justic....
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
The right to receive the enquiry report and a second show-cause notice is a fundamental aspect of the principles of natural justice in disciplinary proceedings, and failure to provide these rights in....
Dismissal orders must be passed in accordance with the principles of natural justice, including providing the employee with a reasonable opportunity to defend themselves and supplying a copy of the i....
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