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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
Abdul Khalam E. – Appellant
Versus
Kerala State Financial Enterprise Ltd – Respondent
| Table of Content |
|---|
| 1. overview and procedural history of the disciplinary challenge. (Para 1 , 2 , 3) |
| 2. competing contentions regarding fairness and procedural compliance. (Para 4 , 5) |
| 3. necessity of clarity and specificity in disciplinary charge memos. (Para 7 , 8 , 9 , 10 , 11) |
| 4. discriminatory and selective disciplinary action constitutes procedural unfairness. (Para 12 , 13 , 14 , 15) |
| 5. final court order for reinstatement and equitable service benefits. (Para 16) |
JUDGMENT
1. The disciplinary proceedings initiated against the petitioner, who was working as a Senior Manager with the 1st respondent, leading to his ultimate termination from service as confirmed by the appellate authority, is the subject matter of challenge in this writ petition.
2. The petitioner, as stated earlier, was working as the Senior Manager of Kodumon Branch of the 1st respondent. On the basis of an internal audit as regards the loans sanctioned from Kodumon Branch, the disciplinary proceedings were recommended to be initiated pursuant to Ext.P1 report against the petitioner. Ext.P2 memo of charges was also issued on that basis. A similar audit was conducted as regards the Oachira and Chavara Branches, where the
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