such action is bad and is liable to be set
aside. Loss of confidence is no new Armour for the
management; otherwise security of tenure ... cases of this Court can be subverted by this neo formula
Loss of confidence in the law will be the consequence of the
Loss
prejudice, it is submitted that this
is a clear case of loss of confidence on account of the respondent indulging
in criminal acts ... curiae submit that reinstatement cannot be
directed in a case of loss of confidence. Reliance is placed on O. P.
Bhandari v. Indian Tourism Development
thus:
LOSS OF CONFIDENCE
"25. Once the employer has lost the confidence in the
employee and the bona fide loss of confidence is
affirmed ... does not suffer any financial loss, he can be
removed from service in a case of loss of confidence.
While deciding the said case, reliance
with respect to termination of an employee on the ground of
loss of confidence without an inquiry is well settled that the employee ... reinstatement. The reinstatement cannot be directed in a case of
loss of confidence even if the employee is able to secure an acquittal or
discharge
Bank to the petitioner, terminating with immediate effect his services for loss of confidence in him. Hence the present petition. However, to complete the narration ... Loss of faith in the integrity of an employee of a sensitive institution like a Bank would be a good reason for loss of confidence
award, holding that the Bank had made out a case of loss of confidence in the petitioner. The Tribunal, however, came to the conclusion that ... petitioner, urged that the Bank's plea of loss of confidence was an after thought as it was not raised in the order
service by the Bank on the ground of "loss of confidence" in him, as a sequel to and as part of a shake ... loss of time carried out the decision of the Board and purported to terminate the services of the petitioner for "loss of confidence
Enquiry Officer. The ground of dismissal from service was loss of confidence by the company which is evident from that following lines contained ... punishment lesser than dismissal".
23. On the point of "loss of confidence" by the management there are many decisions of our Supreme
writ petitioner on the ground that there was a 'loss of confidence', held that it was not necessary that the allegation ... loss of confidence' should be proved by recording satisfactory evidence in the prior enquiry conducted for that purpose. The authority relied upon decisions
passed, discharging the petitioner from service on the ground of loss of confidence. Therefore, the petitioner filed an application before the Court, for amendment ... resorted to the impugned action under the colourable exercise of loss of confidence. According to the learned Counsel, if the Management had lost confidence, there