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J. J. MUNIR
Snehlata – Appellant
Versus
Registrar and Commissioner, Cooperative U. P. Lucknow – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This writ petition is directed against an order dated 17.06.2021 passed by the Secretary/ Chief Executive Officer, Zila Sahkari Bank Limited, Ghazipur, dismissing the petitioner from service and the order dated 13.06.2022 passed by the Commissioner and Registrar, Cooperative, U.P. Lucknow, rejecting the petitioner’s representation against the said order.
2. The petitioner’s husband was a Branch Manager at the District Cooperative Bank, Ghazipur. He died in harness on 17.09.2007. After his death, the petitioner applied for compassionate appointment and the Bank aforesaid, who are arrayed as respondent Nos.2 and 3 to this petition, considered the petitioner’s case, finding her fit to be appointed. Orders in this regard were passed on 26.04.2008 by respondent No. 2. The petitioner, acting on the order of appointment, joined on 29.04.2008. She was posted at the Head Office of the District Cooperative Bank, Ghazipur. Later on, the petitioner was transferred and posted as a Clerk/Cashier in the Jangipur Branch of the District Cooperative Bank in the month of January, 2012.
3. According to the petitioner, misfortune befell her, when she was placed under suspension
The main legal point established in the judgment is that the failure to conduct a proper departmental enquiry, especially in cases involving major penalties, violates the principles of natural justic....
In cases involving the imposition of a major penalty, the establishment must prove charges by examining evidence, particularly witnesses, and adhere to the principles of natural justice in the domest....
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
The court reaffirmed that disciplinary proceedings must strictly adhere to procedural requirements, including proper approval of chargesheets and the necessity of oral enquiries, to ensure fairness a....
A fair inquiry process is essential in disciplinary proceedings, and failure to adhere to procedural requirements can invalidate dismissal orders.
A disciplinary inquiry must follow procedural fairness, including the establishment's burden to prove charges through evidence, especially when major penalties are at stake.
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.
Disciplinary inquiry under 1999 Rules vitiated without oral hearing opportunity to delinquent, even absent proposed witnesses by either side, as implicit in rules for natural justice compliance.
(1) Dismissal – [Departmental charge-sheet is not a plaint that an evasive reply thereto may amount to admission – In a departmental enquiry, unless charge is admitted, burden to prove charge lies on....
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