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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR BIRLA, YOGENDRA KUMAR SRIVASTAVA
Manish Kumar – Appellant
Versus
General Manager Personnel Human Resource Management – Respondent
JUDGMENT :
(Vivek Kumar Birla, J.)
Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the appellant-petitioner and Sri K.M. Asthana, learned counsel appearing for the respondent-Bank.
2. Present appeal has been filed challenging the impugned judgement and order dated 5.6.2024 passed by the learned Single Judge in Writ-A No. 7405 of 2021 (Manish Kumar v. Human Resource Management and others).
3. The case of the appellant-petitioner, as narrated in the order impugned herein, is that the appellant-petitioner was appointed on 17.11.2008 on the post of a Probationary Officer (Assistant Manager) MMGS I with the Syndicate Bank at Chennai. He got promotion on 26.6.2014 to the post of MMGS II. It is his case that on account of promotion, he joined the City Center Branch, Gwalior. He worked upto 19.3.2016 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. He was last transferred to District Etawah Branch on 16.9.2017, where he was posted as an Assistant Manager. He has worked for a total of 13 years without any break in service. During th
The court upheld the dismissal of the appellant-petitioner for unauthorized absence, affirming that procedural fairness was maintained during the disciplinary inquiry.
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.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
Disciplinary authority must supply enquiry report to employee before forming punishment opinion; failure breaches natural justice without needing prejudice proof; proceedings remanded for compliance.
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