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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice L.VICTORIA GOWRI, J
J.Sam Christudhas – Appellant
Versus
Chief Executive Officer, Khadi and Village Industries Board – Respondent
ORDER :
This Writ Petition is filed, seeking to quash removal of petitioner from service passed by the 5th respondent dated 29.07.2021, which is further confirmed by the 6th respondent on 31.08.2021 and consequently reinstate him into service with all back wages.
2. The petitioner was selected and appointed to the post of Attender on 12.02.1987 on compassionate ground in the 6th respondent office. He was further promoted to the post of Junior Assistant in the year 1996 and he served in the said post till 24.07.2019. The 6th respondent Society is formed to purchase raw honey and other bee products from its members and convert them into finished products and resale the same to his members. The processing unit of the Society is available within the premises of the Society and the finished goods were ordinarily kept at Door No.24/39A, 24/39B and 24/39B1 of Kulithurai Municipality. The raw honey and bee products used were normally stored in drums, canes and bottles and were preserved in the said premises. All the products including the buildings and godowns of the Society is insured with the United India Insurance Company Limited. On 04.05.2014, in a Sunday evening, due to heavy rainfall,
Disciplinary removal must be supported by evidence and a reasoned order; non-speaking orders failing to consider inquiry reports are quashed.
The main legal point established is that departmental proceedings must adhere to a fair and reasonable procedure, including the establishment's burden to prove charges through evidence and the requir....
The entire Managing Committee is responsible for loan disbursement, and due diligence in loan processing is crucial to determine liability.
Procedural violations in disciplinary proceedings render removal orders arbitrary and unenforceable, emphasizing the need for fair conduct in evidence presentation.
Dismissal from service after acquittal in criminal case raises due process concerns; disciplinary actions must consider the acquittal in related criminal proceedings.
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