Excelsior Correspondent
JAMMU, Mar 16: In a LPA filed by Central Bank of India challenging judgment of Writ Court regarding quashment of dismissal of bank employee, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today said that acquittal in criminal case is no ground for reinstatement.
“It is relevant to point out that the writ petitioner failed to avail the opportunities given to him at the time of enquiry, hence he cannot contend that opportunity was not given to him. The only defence throughout was that having been acquitted in criminal case, he shall be reinstated in service”, the DB said, adding “the issue having been found against the writ petitioner the order of the Single Judge is liable to be set aside”.
“A workman is holding the position of trust and confidence; by abusing such position, he commits act which results in forfeiting the same and to continue him in service/establishment would be embarrassing and inconvenient to the employer, or would be detrimental to the discipline or security of the establishment”, the DB said.
“Loss of confidence cannot be subjective, based upon the mind of the management. Objective facts which would lead to a definite interference of apprehension in the mind of the management, regarding trustworthiness or reliability of the employee, must be alleged and proved and petitioner having served in the bank,which is dealing with public money committed breach of trust and lost the confidence of the bank for continuing in service”, the DB further said.
“If deceased-writ petitioner was not paid subsistence allowance during the entire period of suspension, same shall be paid to his legal heirs within a period of eight weeks from the date of receipt of copy of this order”, the DB directed.
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