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G.M. Tank vs State Of Gujarat & Anr on 10 April, 2006

(iv) In G.M. Tank v. State of Gujarat and Ors. , the departmental enquiry and the criminal proceedings were based on the same set of facts, charges, evidence and witnesses. As there was no evidence against the employee to hold him guilty, the employee was honourably acquitted in the criminal trial during pendency of proceedings challenging dismissal and the findings to the contrary recorded in departmental proceedings in such case is unjust, unfair and oppressive and dismissal order was not sustainable.
Supreme Court of India Cites 22 - Cited by 352 - A R Lakshmanan - Full Document

Punjab National Bank And Ors.The Chief ... vs Sh. Kunj Behari Misra, Sh. Shanti Prasad ... on 19 August, 1998

In the case of Punjab National Bank and Ors. v. Kunj Behari Misra , Their Lordships have observed that "the principles of natural justice as we have already observed, required the authority which has to take a final decision and can impose a penalty to give an opportunity to the officer charged of misconduct to file a representation before the Disciplinary Authority records his findings on the charges framed against an officer," and hence the learned Counsel added that the respondents herein have not yet finalised the first charge sheet and hence the issue of second charge sheet in supersession of the first one is an effort to give the applicant the opportunity they needed to defend their case. The respondents Counsel added that the Tribunal cannot interfere at this stage as it is premature, in accordance with the decisions cited supra.
Supreme Court of India Cites 11 - Cited by 929 - Full Document
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