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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Punjab National Bank – Appellant
Versus
Karma Devi – Respondent
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
JUDGMENT
M.S. Ramachandra Rao, J
This LPA is preferred by the employer-Punjab National Bank challenging the judgment dt.27.09.2017 of the learned Single Judge in CWP-6863-2010.
2. The Writ Petition was filed by the respondent No.1 seeking a Writ of Certiorari for quashing of an order dt.02.08.2008 (P-13) whereby punishment of compulsory retirement had been imposed on herby appellant No.4 vide order dt.11.10.2008 (P-15) of the appellate authority (appellant No.3) upholding the said punishment and also order dt. 30.11.2009 (P-16) of the reviewing authority (appellant No.2) dismissing her review petition.
3. The respondent belongs to the Scheduled Caste category and had joined the Punjab National Bank (Appellant No.1) as a Clerk.
4. A charge sheet 21.11.2006 (P-6) was issued to the respondent levelling allegations with regard to discharge of her duties. The gist of the charges are as under:
Disciplinary proceedings must adhere to principles of natural justice, providing adequate opportunity for defense, especially when an employee is facing serious charges and imminent retirement.
Reinstatement with back wages is the norm in wrongful termination cases, subject to considerations of misconduct and employment status.
The main legal point established in the judgment is the violation of employee rights under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the rules fra....
The court established that an employee must be given a chance to respond to an enquiry officer's findings before a disciplinary authority makes a decision, as a matter of natural justice.
The court upheld the principle that failure to adhere to natural justice, particularly the right to cross-examine key witnesses in disciplinary proceedings, invalidates termination, warranting reinst....
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