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S. M. SUBRAMANIAM, C. KUMARAPPAN
Krishnavalli – Appellant
Versus
Managing Director, Tamil Nadu Industrial Investment Corporation Ltd. – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order of the Learned Judge dated 04.03.2020 passed in W.P.No.19662 of 2006 and thereby allow the writ petition filed by the appellant.]
The writ petitioner is the appellant before us. The appellant was holding the post of Senior Assistant in Tamil Nadu Industrial Investment Corporation Limited, which is a Government of Tamil Nadu Undertaking. On 02.12.2002 two sets of charge memorandums were issued to the appellant and the charges are as under;
Charge 2: That she failed to obtain stamped receipt for Rs.5,000/- from the supplier, M/s. Ahana Computers and made the payment in cash to the supplier against norms and thereby violated
The court affirmed that deviations from an Enquiry Officer's findings can be justified if serious misconduct is established, and the imposed penalty must align with the gravity of the charges.
Disciplinary proceedings against a retired bank officer can proceed if initiated prior to retirement, identifying lapses in loan sanctioning as misconduct warranting penalties.
The main legal point established in the judgment is that disciplinary proceedings must comply with natural justice, be based on sufficient evidence, and impose proportionate punishment for proved mis....
(1) Merely because a show cause notice is issued by indicating proposed punishment it cannot be said that disciplinary authority has taken a decision.(2) If an officer/employee of bank is allowed to ....
The main legal point established in the judgment is that disciplinary proceedings must be based on some evidence, comply with natural justice, and ensure that the penalty is not disproportionate to t....
In disciplinary proceedings, the burden of proof lies with the charged officer to disprove allegations, and adherence to natural justice is essential for valid outcomes.
The court held that disciplinary authority's punishment must be proportionate to the misconduct, and failure to adhere to natural justice principles can warrant judicial intervention.
The court emphasized that judgments on penalties in disciplinary proceedings should respect the discretion of the disciplinary authority unless they are shockingly disproportionate.
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