Hello,
Please tell the facts in detail as to against what have you approached the HC?
And share the entire order if you have challenged some order before the HC.
Regards
Dismissal on probable losses in secured agriculture advance
On the ground of Probably loss to bank on account of secure agriculture short term loan, bank dismissed a officer, giving reason that credit risk involves in this loan accounts. What citation could produce to defend in high court?
Asked 7 years ago in Civil Law
10 Answers
Did the officer carry out due diligence before sanctioning loan ?
2) whether Norms laid down by bank for sanctioning of loan for agricultural activities were followed?
3) whether prior approval obtained of superiors before sanctioning and disbursal of loan ?
4) if officer can file petition in HC to challenge his dismissal
In this case bank uses newly explored investigation report while imposing penalty without providing reasonable opportunity to defend, 02,penalty of dismissal clubed with some other which is not in service rules, 03,enquiry report issued by incompetent authority, who given only 7 day to answer ultimately delequent could not produce answer and imposed capital punishment, 04,cvc Ist and II nd advice not provided to delequent,, 05,,competent authority while diaggrieng with enquiry officer not prooved charges, has proved without giving reasons and asking explanation from delequent, please let me know s c citetion to defend in high court as WP is in final stages of action.
Asked 7 years ago
It is well settled law that no man shall be condemned unheard
you hsbe good case on merits if due process of law was not followed in passing orders if your dismissal
You can refer this judgment
Supreme Court of India
Ramesh Chandra Sharma vs Punjab National Bank & Anr on 18 May, 2007
Author: S B Sinha
Bench: S. B. Sinha, Markandey Katju
CASE NO.:Appeal (civil) 971 of 2007
Supreme Court of India
Ramesh Chandra Sharma vs Punjab National Bank & Anr on 18 May, 2007
Author: S B Sinha
Bench: S. B. Sinha, Markandey Katju
CASE NO.:Appeal (civil) 971 of 2007
appears to be a better citation to your subsequent query too;
1. Were the principles of natural justice followed? Did the sanctioning authority observe due diligence despite your delinquent's report?
2. If the delinquent can show that due diligence was not followed or the rules of bank on sanction of loan were not followed then delinquent has good chance of success in the writ.
Normes of Sanctioning the said loan was followed and all sanction were under deligat ion power of the delinquent, case is pending in mp high court indore. PLEASE LET ME KNOW CITATION ON FOLLOWING - - DISCIPLINARY PROCCEDING WERE ISSUED BY THE INCOMPETENT AUTHORITY TO DELEQUENT, IS ILLEGAL
Asked 7 years ago
It's a matter of fact that If the authority is incompetent without jurisdiction then the order passed by the said authority is liable to be quashed
If norms of sanctioning loan were followed then you have nothing to fear
your dismissal would be set aside
- As per the information mentioned in the present query, make sit clear that officer has been harassed in an arbitary way which is not at all appreciable.
- Let me tell you that even any such norms are in fact arbitary agaisnt principle of rule and justice.
- Officer need not to worry about anything as he is not at fault but they, being the depratment. Rest, give me some time to find some good and favourable case laws on this issue.
It is basic law that a disciplinary proceeding set into motion by an incompetent authority is illegal. If this fact can be proved then you have good chance of success.