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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASGURPREET SINGH PURI
Sukhbir Singh through his legal heirs – Appellant
Versus
Registrar Cooperative Societies, Haryana – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
1. Both the above-mentioned cases are taken up together for final disposal with the consent of learned counsel for the parties, as the issues involved therein are inter-connected. Accordingly, the same are being disposed of by this common judgment.
2. CWP No.15859 of 1999 has been filed by the petitioner, Sukhbir Singh, Secretary of the Cooperative Society, whereas CWP No.3726 of 1999 has been filed by the Faridabad Central Cooperative Bank. The impugned order challenged in both the petitions is the same.
3. The grievance of the petitioner, Sukhbir Singh, is pertaining to the part of the impugned order whereby his order of dismissal has been upheld, whereas the grievance of the petitioner-Bank relates to the portion of the order by which back wages have been granted to him till 18.11.1997.
4. For the purpose of narrating the facts of the case, reference is made to CWP No.15859 of 1999 filed by petitioner-Sukhbir Singh.
5. Learned counsel appearing on behalf of the petitioner, Sukhbir Singh, submitted that the petitioner was serving as a Secretary of a Cooperative Society and was an employee of respondent No.2-Bank. He further submitted that two charg
The dismissal of the petitioner was set aside due to procedural irregularities and violation of natural justice, entitling him to retiral benefits.
The judgment establishes that an inquiry into dismissal must adhere to principles of natural justice, and failure to prove the basis of termination invalidates the outcome.
Regulation 7(2) of the Punjab National Bank Officer Employees’ Regulation, 1977 did not stipulate granting of an opportunity to represent against disagreement recorded by Disciplinary Authority.
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
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....
Disciplinary dismissal based on financial misconduct was set aside due to lack of fair process and the employee's prior acquittal in criminal proceedings regarding identical charges.
The main legal point established in the judgment is the requirement for compliance with the principles of natural justice in administrative proceedings, particularly in matters involving major punish....
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