2020 (2) AKR 194 ::AIROnline 2019 Kar 2304

Karnataka High Court

Hon'ble Judge(s): B. Veerappa , J

Karnataka Co-operative Societies Act (11 of 1959) , S.29— Staff Source Rules of Employees of Bengaluru District Co-operative Central Bank Rules (1987) , R.71(ii), R.71(iii), R.71(vii), R.71(viii)— Disciplinary proceedings - Misconduct - Dismissal from service - Delinquents, in-charge Managers discounting 4 cheques unauthorizedly in violation of Bank Circular - Separate charge sheets issued to delinquents - In reply, delinquents accepting discounting of cheques on advice of concerned Managers, but denying allegations of personal gains or causing wrongful loss to bank - On such denial, Bank ought to have held proper enquiry to establish charges - Except appointing Enquiry Officer, Bank neither examined any witness nor produced any documents in support of alleged misconduct - Delinquents also not allowed to lead any evidence in their defense - Bank conducting disciplinary proceedings in blatant violation of its own Rules - Dismissal order without any basis, liable to be set aside. (Para 20 22 24 26 33 38 51 59) .....