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J. J. MUNIR
Anchal Kumar Tiwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This matter has been heard on rather unconventional pleadings. On the 25th of August, 2023, the learned Counsel for the petitioner sought time to file a supplementary-affidavit, when the matter came up for admission. The writ petition was, accordingly, adjourned to 12th of September, 2023. A further adjournment was sought on that day. A supplementary-affidavit was filed in Court by the learned Counsel for the petitioner on 27.9.2023, when time was granted to file a supplementary counter-affidavit. The learned Counsel for the respondents filed a supplementary counter-affidavit on 11.10.2023. On that day, the parties did not press for further affidavits; not even a counter-affidavit to the writ petition. The matter was, accordingly, admitted to hearing, which proceeded forthwith, leading to judgment being reserved.
2. This writ petition is directed against an order dated 26th July, 2023 passed by the Secretary/Chief Executive Officer, Mainpuri District Cooperative Bank Ltd., punishing the petitioner after disciplinary proceedings with reversion from the post of Branch Manager Grade-II to Manager Grade-III, and, further, directing recovery of a sum of Rs. 8,5
An employer can impose only one penalty under Regulation 84, and the burden of proof lies with the employer in disciplinary proceedings.
Disciplinary proceedings must adhere to procedural safeguards, including witness examination, and failure to do so renders penalties invalid.
The necessity for the employer to discharge their burden before the Inquiry Officer by leading documentary as well as oral evidence to prove the charges, particularly in cases likely to lead to the i....
In disciplinary proceedings, the employer must prove charges through evidence, including witness testimonies, especially when imposing major penalties, to ensure adherence to principles of natural ju....
The establishment has the burden of proving the charges against the delinquent employee by leading oral evidence, in addition to documentary evidence, in a disciplinary inquiry that may result in the....
In disciplinary proceedings involving major penalties, the establishment must produce evidence and witnesses to substantiate charges; failure to do so renders the inquiry invalid.
The inquiry process for major penalties must adhere to principles of natural justice, requiring evidence from the Establishment and proper notice to the accused.
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
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