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Tuesday, March 16, 2010

Service Law--Dismissal from service--Natural justice

2010(1) LAW HERALD (P&H) (DB) 410
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Adarsh Kumar Goel
The Hon’ble Mr. Justice Alok Singh
L.P.A. No.29 of 2010 (O&M)
Om Parkash.
v.
Union Bank of India & Ors.
{Decided on 13/01/2010}
For the Appellant: Mr. Praveen Gupta, Advocate.
Service Law--Dismissal from service--Natural justice--Appellant employed with bank as Head Cashier--Allegation of various acts of omission and commission including mis appropriation of loan instalments received from borrowers, claiming reimbursement of conveyance allowance falsely, mis-utilising housing loan and other irregularities in various bank accounts--No interference in order of dismissal from service called due to following reasons :-
i) A copy of Inquiry Report having been duly given to appellant, his response thereto having been considered and personal hearing having been afforded, it cannot be held that there was violation of principles of natural justice.
ii) As regards charges not being incorporated in the chargesheet, reference having been made therein to Show Cause Notice which contained charges, it cannot be held that same caused any prejudice to appellant.
iii) Mere fact that complainants were not examined and there was no direct evidence in that regard before Inquiry Officer, is of no consequence so long as there was other sufficient evidence before Inquiry Officer in form of records showing irregularities having been committed by appellant.
iv) Having regard to seriousness of charges, mere fact that appellant served for 22 years, is no ground to hold penalty to be disproportionate to the charges. (P.5)