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J. J. MUNIR
Manish Kumar – Appellant
Versus
Human Resources Management – Respondent
JUDGMENT
J.J. Munir, J. - This writ petition is directed against an order passed by the Assistant Manager, Human Resources, Management Section, Canara Bank dated 31.03.2021, punishing the petitioner with removal from service after disciplinary proceedings. Also under challenge is an order of the Deputy General Manager, Human Resources Management, Canara Bank, Head Office, Bangalore dated 02.06.2021, affirming the order of removal from service in appeal.
2. The petitioner's case is that he was appointed on 17.11.2008 on the post of a Probationary Officer (Assistant Manager) MMGS I with the Syndicate Bank at Chennai. The petitioner got a promotion on 26.06.2014 to the post of MMGS II. It is his case that on account of promotion, he joined the City Center Branch, Gwalior. He worked up to 19.03.2016 without any break in service. He was transferred from time to time from one city to another and across states. He performed his duties honestly and with devotion. The petitioner was last transferred to District Etawah Branch on 16.09.2017, where he was posted as an Assistant Manager. The petitioner says that he has worked for a total of 13 years without any break in service. During this peri
The participation of the Presenting Officer as a witness in a domestic inquiry does not violate natural justice principles unless it can be shown to have caused prejudice to the employee.
The court upheld the dismissal of the appellant-petitioner for unauthorized absence, affirming that procedural fairness was maintained during the disciplinary inquiry.
In disciplinary proceedings involving major penalties, the burden of proof lies with the establishment to substantiate charges through a fair inquiry process that includes the presentation of evidenc....
The importance of following prescribed procedures and principles of natural justice in disciplinary proceedings.
The court established that procedural flaws in disciplinary inquiries do not automatically invalidate the proceedings unless the employee can demonstrate actual prejudice resulting from those flaws.
Principles of natural justice must be adhered to in disciplinary proceedings, and authorization of absence cannot be deemed misconduct if due to unavoidable circumstances, necessitating fair treatmen....
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
The punishment imposed must be proportionate and not unduly harsh, and the failure to examine vital witnesses can vitiate the departmental proceeding.
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