S. M. SUBRAMANIAM
S. Sivaprasath – Appellant
Versus
Deputy General Manager (B&O)(Zone-1) & Disciplinary Authority, State Bank of India, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records in pursuant to the order passed by the 2nd respondent dated 03.03.2014 and Communicated by the 1st respondent vide No.Dis/Con/ 1257 dated 04.03.2014 and rejection order passed by the 3rd respondent vide A & R -181 dated 30.06.2014 and quash both of them and direct the respondents to reinstate the petitioner in service of the respondent bank with all consequential benefits.)
The lis on hand has been instituted questioning the validity of the punishment of dismissal imposed on the writ petitioner, which was confirmed by the Appellate Authority.
2. The writ petitioner states that he was initially appointed as an Officer Marketing and Recovery (Rural) on contract basis on 01.03.2010 and subsequently, his service was confirmed as JMGS-I (RMRO) from 01.04.2011 by the 2nd respondent. Initially the petitioner was posted at Tirupattur Branch, Vellore District and thereafter, transferred to Vaniyambadi Branch. The 1st respondent placed the writ petitioner under suspension in proceedings dated 04.01.2012 and the departmental discip
Intentional avoidance of participation in enquiry proceedings waives the plea of natural justice and estops the petitioner from questioning the non-compliance of natural justice.
The court established that in departmental inquiries, adherence to principles of natural justice is paramount, and failure to provide a fair opportunity to defend oneself can render the inquiry and s....
The main legal point established in the judgment is that the punishment imposed must be proportionate and in accordance with the principles of natural justice, and the failure to supply relevant docu....
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