Supreme Court Of India
(From : AIROnline 2022 Pat 480 and AIROnline 2018 Pat 2362)
Constitution of India , Art.226— Removal from service – Legality – Due process was followed in holding departmental inquiry – Inquiry Officer had considered evidence of five loanees that they had paid money to delinquent for coordinating sanction of their loans despite their documents being deficient – Field Officer had stated that all the accounts were irregular – Findings recorded by inquiry officer on preponderance of probabilities were proper -Reasoning adopted by single bench of High Court in setting aside order of removal that delinquent being a Class IV employee, had no role to play in sanctioning and disbursement of loan was erroneous since charge pertained to working as a conduit – In statement before disciplinary authority before imposition of punishment , delinquent had apparently admitted his guilt and had sought mercy -High Court had erred in setting aside order of removal from service.
AIROnline 2018 Pat 2362-ReversedAIROnline 2022 Pat 480-Reversed(Paras 1414.114.214.315)
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