STATE TIMES NEWS
JAMMU: In a Letters Patent Appeals (LPA) filed by Central Bank of India seeking quashing of judgment of writ court regarding dismissal of a bank employee, a Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat observed that acquittal is no ground for reinstatement especially when one lose confidence of the employer.
The Bench observed 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.
In the departmental proceedings, he was given full opportunity, which the writ petitioner failed to avail and a finding was recorded by the Enquiry Officer with regard to embezzlement, the Bench observed.
Division Bench observed that 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 said issue having been found against the writ petitioner the order of the Single Judge is liable to be set aside and allowed the appeal. Division Bench further observed that 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.
