AI Overview...
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Embezzlement of Funds - Courts have quashed and set aside orders related to employee embezzlement, especially when procedural misconduct or lack of proper sanction is established, leading to the annulment of disciplinary actions and reinstatement of employees J and K Bank Ltd. VS Assistant Commissioner of Income Tax - Jammu and Kashmir, M. M. SIDDIQUI VS STATE OF U. P. - Allahabad, Rajasthan Housing Board VS Roshan Lal Saini - Supreme Court, Krishna Kumar K. R VS Brahmamangalam Gramaswaraj Service Co-Operative Bank Ltd. - Kerala.
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Employee Dismissal and Reinstatement - Dismissals based on embezzlement allegations are often overturned if procedural irregularities, such as improper sanctions or procedural misconduct, are found, resulting in orders to reinitiate proceedings or reinstate employees Rajasthan Housing Board VS Roshan Lal Saini - Supreme Court, Krishna Kumar K. R VS Brahmamangalam Gramaswaraj Service Co-Operative Bank Ltd. - Kerala.
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Procedural Irregularities - The courts emphasize the importance of proper sanctions and adherence to procedural rules in disciplinary proceedings; failure to do so leads to quashing of orders and setting aside of dismissals M. M. SIDDIQUI VS STATE OF U. P. - Allahabad, State of Punjab VS Lavinder Pal Singh - Punjab and Haryana.
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Specific Cases - Several cases involve employees dismissed for misappropriating funds or irregular payments, with courts setting aside such dismissals upon finding procedural flaws or insufficient evidence, including negligence rather than deliberate embezzlement State of Punjab VS Lavinder Pal Singh - Punjab and Haryana, Syed Hussain Assraf VS Dena Bank - Bombay, Rajinder Kumar Kindra VS Delhi Administration Through Secretary (Labour) - Supreme Court.
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Legal Principles - The courts generally favor protecting employee rights when procedural safeguards are not observed, and emphasize that disciplinary actions must be based on valid, proper sanctions and evidence DAYA RAM VS STATE OF UTTAR PRADESH - Allahabad.
Analysis and Conclusion:
The provided sources collectively indicate that employee embezzlement allegations, when proven or suspected, often lead to disciplinary measures such as dismissal. However, courts tend to quash or set aside such orders if procedural irregularities, lack of proper sanctions, or insufficient evidence are identified. The emphasis is on ensuring fair procedures and proper legal compliance in disciplinary actions related to embezzlement. When these are not met, employees are often reinstated or their dismissals are overturned, underscoring the importance of procedural correctness in employment disputes involving embezzlement.
Search Results for "Embezzlement of Funds by Employee Quashed Set Aside"
2017 0 Supreme(J&K) 506 • India - Jammu and Kashmir
ALOK ARADHE, B.S.WALIA
Final Decision: The court set aside and quashed the orders passed by the Income Tax Appellate Tribunal and allowed the appeals ... loss on account of embezzlement, its claim, and deduction in the context of the Income Tax Act, 1961. ... Embezzlement - Income Tax - Income Tax Act, 1961 - Section 260-A - 28, 143(1)(a) - The court discussed the interpretation of the ... In view of the preceding analysis, the orders passed by the Income Tax Appellate Tribunal in ITA No.17/2007, ITA No.10/2007, ITA No.18/20....
2019 0 Supreme(SC) 2074 • India - Supreme Court
MOHAN M.SHANTANAGOUDAR, SANJIV KHANNA
for embezzlement of funds. ... the second order of dismissal for embezzlement of funds, irregular payments, missing vouchers. ... Fact of the Case: The first respondent was dismissed from service for unauthorised absence and embezzlement of funds ... In case the said dismissal is set aside by the Tribunal and/or the High Court/this Court and Respondent 1 is reinstated in service as a result thereof, the relationship of employer-#H....
2014 0 Supreme(All) 456 • India - Allahabad
RAJIV SHARMA, SATISH CHANDRA
Retirement Benefits Rules, 1961—Rule 9 (1)—Recovery—Retired employee—Misappropriation of funds—Petitioner found guilty for misappropriation ... aside—Direction issued. ... grant sanction—No valid and proper sanction accorded—Invocation of Regulation 351-A not complied with—Impugned order of punishment set ... The State Administrative Tribunal quashed the departmental enquiry on the ground of want of proper and valid sanction under Rule 9 (2) (b) (i). ... Obviously, the event of embezzlement#HL....
2019 7 Supreme 95 • India - Supreme Court
MOHAN M.SHANTANAGOUDAR, SANJIV KHANNA
aside and quashed. ... Service Law – Dismissal – Allegation of embezzlement of funds and irregular payments – Findings and observations of Division Bench ... recommence proceedings in charge-sheet relating to embezzlement of funds, irregular payments and missing vouchers etc., should first ... In case the said dismissal is set aside by the Tribunal and/or the High Court/this Court and Respondent 1 is reinstated in service as a result thereof, the rel....
1984 0 Supreme(SC) 279 • India - Supreme Court
D.A.DESAI, D.P.MADAN
Promoted as a salesman - Misappropriated cash and funds - Dismissed from service - Appellant was inducted ... whom appellant was working - While working as a salesman at Raymonds Retail Showroom, 2397/1, Road, have misappropriated cash and funds ... - Only evidence in support of submission that during his forced absence from service he was gainfully employed - Cannot be said ... On these findings nothing remains save and except the consequential order that the dismissal from service of the appellant must be quashed and #....
2023 0 Supreme(P&H) 1436 • India - Punjab and Haryana
HARSIMRAN SINGH SETHI
... ... Facts of the case: ... The respondent, employed as a Junior Auditor, faced a charge of embezzlement but was found only negligent ... The trial Court upheld the punishment, which was later set aside by the lower Appellate Court (Paras 3-a href=' ... ... ... Findings of Court: ... The enquiry proceedings were quashed due to procedural misconduct, thus preventing the imposition ... It may be noticed that against four employees, joint proceedings were conducted with regard to ....
2004 0 Supreme(Bom) 1427 • India - Bombay
B.H.MARLAPALLE
and set aside. ... One of Bank employee defrauded Bank by misappropriation of funds running business in name of his wife. ... withdrawn by defendant No. 1 - Trial Court erroneously decreed suit - Decree unsustainable - Appeal allowed - Decree of trial Court quashed ... The impugned decree passed by the Learned Civil Judge, Senior Division at Vasco under Special Civil Suit No.31 of 1976 on 31 - 10 - 1996 is hereby quashed and set aside and the sai....
2022 0 Supreme(Ker) 82 • India - Kerala
RAJA VIJAYARAGHAVAN V.
The purpose is to prevent the employee from perpetuating the alleged misconduct again. ... Employment and Service matter - Bank employee – Shortage of amount – Misconduct – Suspension of service ... An order of suspension pending enquiry is not a punishment but is only one of forbidding or disabling an employee ... After coming to such a finding, this Court quashed the entire proceedings as invalid and the termination order was also set aside. The directions were issued to the bank to....
2003 0 Supreme(P&H) 832 • India - Punjab and Haryana
MEHTAB S.GILL
Certiorari - Labour Dispute - The court quashed the order of the Labour Court, Patiala, which had reinstated an employee of a ... Final Decision: The court set aside the order of the Labour Court, Patiala, and declared that the Sikh Gurdwara committee ... Fact of the Case: The employee of a Sikh Gurdwara committee was dismissed for misusing funds and committing fraud. ... During the employment of respondent No. 2, he misused the funds and used the slips (Parchis) o....
1997 0 Supreme(All) 1521 • India - Allahabad
P.K.JAIN
( 8 ) AS regards the third condition that the alleged offence was committed by the accused while acting or purporting to act in the discharge of his official duty, for the Opposite party No. 2, the main contention is that an offence of embezzlement
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