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1 - 10 of 10 (0.23 seconds)Section 4 in Karnataka High Court Act, 1961 [Entire Act]
Roop Singh Negi vs Punjab National Bank & Ors on 19 December, 2008
23. When the petitioner/delinquent official has given
contradictory statements and when it would not amount to
unequivocal or categorical admission, it was bounden duty
of the Disciplinary Authority to examine the witnesses in
respect of the alleged charge and the petitioner ought to
have been provided an opportunity to cross-examine the
witnesses. Non-examination of witnesses would amount to
violation of principles of natural justice. In that, the
petitioner had no opportunity to defend himself in the
enquiry. Learned counsel for the petitioner has rightly
placed reliance on the decision of the Hon'ble Apex Court
in ROOP SINGH NEGI (supra), wherein in an identical
circumstances the Hon'ble Apex Court at paragraphs 14
and 15 has observed that the departmental proceeding is a
quasi judicial proceedings. The Enquiry Officer performs quasi
Union Of India And Others vs Ex. Constable Karam Veer Singh on 27 August, 2012
Union Of India And Ors vs Union Of India & Anr. Air 1989 1215 ... on 19 August, 2010
State Bank Of India vs Ram Lal Bhaskar & Anr on 13 October, 2011
5) STATE BANK OF INDIA VS. RAM LAL BHASKAR AND
ANOTHER ((2011) 6 SCC 731)
Diwan Singh vs L.I.C. & Ors on 5 January, 2015
7) DIWAN SINGH VS. LIFE INSURANCE CORPORATION
OF INDIA ((2015) AIR (SCW) 536)
P.V. Mahadevan vs The Managing Director, Tamil Nadu ... on 23 January, 2017
WA No.100247 of 2023 c/w
WA No.100353 of 2023
the enquiry. Therefore, learned Single Judge is justified in
placing reliance on the decision of the Hon'ble Apex Court
in the case of P.V.MAHADEVAN VS. MANAGING
DIRECTOR, TAMILNADU HOUSING BOARD2 and coming to
the conclusion that the charge sheet is liable to be set
aside only on the ground of delay in issuing charge memo.
Br.Manager, Central Bank Of India vs Prabhulal on 16 December, 2022
WA No.100247 of 2023 c/w
WA No.100353 of 2023
Court in the case of STATE BANK OF INDIA VS. HEMANT
KUMAR3, all other judgments are irrelevant and which are
on different fact situation. All other judgments would lay
down the principles as to when the High Court could
interfere in the matter of order passed in a departmental
enquiry. Further, the decisions would state that under
what circumstances the High Court under Article 226 of
the Constitution of India could interfere with the findings
of the Enquiry Officer. All those decisions are on the order
passed imposing penalty, after conducting enquiry by
following the procedure prescribed under law. In the
instant case, the respondents/LIC has failed to follow the
prescribed procedure in conducting the enquiry and as
such those decisions would not come to the aid of the
respondents/LIC.
P.K.M.Sahul Hammed vs The Managing Director on 22 September, 2014
6) DECISION OF THE HIGH COURT OF KERALA AT
ERNAKULAM IN THE CASE OF K.M.HABEEB
MUHAMMED VS. THE MANAGING DIRECTOR AND
OTHERS (OP.NO.38705/2001)
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