Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Anil Kumar Srivastava – Appellant
Versus
Union of India – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against the order of the Assistant General Manager, Bank of Baroda, Kanpur Region, Kanpur dated 15.01.2002, dismissing the petitioner from service, after holding disciplinary proceedings. Also, under challenge is the order of the General Manager, Bank of Baroda, Zonal Office U.P. and Uttarakhand, Zone Lucknow dated 27.06.2008, dismissing the petitioner's appeal against the order of the Assistant General Manager, last mentioned, and affirming the order dated 15.01.2002.
2. The original petitioner in this petition, the late Anil Kumar Srivastava, was a Clerk in the service of the Bank of Baroda (for short, 'Bank'), posted at the Latouche Road Branch, Kanpur. He was dismissed from service by the Bank after holding a departmental inquiry. He had challenged his dismissal by means of the present writ petition and died during pendency. His heirs and L.R.s, to wit, his sons, Sajal Srivastava and Suyash Srivastava, applied for substitution on his behalf, which was granted by this Court on 15.02.2022. They have since been substituted as petitioner Nos.1/1 and 1/2. They will be collectively referred to as 'the petitioner' hereinafter. F
Confessions made in police custody can be admissible in departmental inquiries if proven voluntary, and procedural fairness must be observed, though the standard of proof is lower than in criminal tr....
Disciplinary proceedings must be based on independent evidence rather than solely on confessions made during police investigations; absence thereof renders penalties invalid.
Point of law: When the disciplinary authority himself inquires into the charges there is no occasion for submission of an inquiry report. The entire evidence oral and documentary - along with submiss....
Departmental inquiries must be conducted with due adherence to principles of natural justice, requiring actual proof of allegations presented.
Departmental inquiries require a preponderance of probabilities for proof, differing from the strict standards in criminal trials, and insufficient evidence can render dismissal illegal.
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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
