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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Ram Kishore – Appellant
Versus
U.P. Sahkari Gram Vikas Bank Ltd., Through Managing Director – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Piyush Asthana, the learned counsel for the petitioner, Sri Balram Yadav, the learned counsel for the opposite parties and perused the records.
2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated 25.06.2009, passed by the Managing Director of U.P. Sahkari Gram Vikas Bank Ltd. imposing the punishments of stoppage of two annual increments in the salary with cumulative effect and recovery of 20% of the amount of loss in case the loan irregularly disbursed by the petitioner is not recovered. The petitioner had challenged the aforesaid order by filing an appeal. The Chief General Manager, Administration U.P. Sahkari Gram Vikas Bank Ltd. Lucknow has written a letter dated 12.08.2011 stating that the petitioner's appeal has been found to be not maintainable and has been disposed off by means of an order passed by the Prescribed Authority/Principal Secretary, Cooperative. However, a copy of any order passed by the Prescribed Authority/Principal Secretary, Cooperative has not been provided to the petitioner.
3. Briefly stated, facts of the case are tha
Natural justice mandates that authorities must consider employees' defenses in disciplinary matters, and imposition of dual penalties is impermissible when employees are not directly guilty under the....
Bank employees must maintain high standards of integrity; misconduct leading to loss of confidence justifies disciplinary penalties.
Regulation 7(2) of the Punjab National Bank Officer Employees’ Regulation, 1977 did not stipulate granting of an opportunity to represent against disagreement recorded by Disciplinary Authority.
An employer can impose only one penalty under Regulation 84, and the burden of proof lies with the employer in disciplinary proceedings.
The court upheld the dismissal of a bank officer for substantial misconduct, emphasizing the standards of integrity and procedural fairness in disciplinary proceedings.
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