1993 (12) TMI 235

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....d counsel on both sides are heard. 2. Order of Orissa High Court setting aside the order made by the appellant-Bank of India discharging the respondent from its employment has been impugned in this appeal. 3. In the year 1981, the appellant-Bank ordered a departmental enquiry against the respondent, who was a Clerk-cum-Cashier in its Suliapada Branch in accordance with Clause 19.5(j) of the ....

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....ce of the respondent and his representative, were, however sent to the respondent and his representative. Thereafter, the Enquiry Officer also sent letters to the respondent and his representative to file his written arguments, if any. Recorded evidence and letters of the Enquiry Officer although received by the respondent and his representative, they did not respond. The Enquiry Officer prepared ....

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....ice with one month's pay and allowances purporting to act under Clause 19(5)(j) of the First Bipartite Settlement and made an order accordingly on 2.11.1987. Appeal of the respondent filed against that order before the Appellate Authority was dismissed on 4.2.1989. The Orissa High Court by its order made in a writ petition filed by the respondent, found that the principles of natural justice w....

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....d to him in a disciplinary proceeding of defending himself against the charges of misconduct involving his integrity and dishonesty, cannot be permitted to complain later that he had been denied a reasonable opportunity of defending himself of the charges levelled against him and the disciplinary proceeding conducted against him by the Bank-employer had resulted in violation of principles of natur....