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january 2012

Supreme Court of India · 2012-01-18

BURDWAN CENTRAL CO-OP.BANK LTD. vs ASIM CHATTERJEE .

Citation / case number
SC 2007/28652
Court
Supreme Court of India
Petitioner
BURDWAN CENTRAL CO-OP.BANK LTD.
Respondent
ASIM CHATTERJEE .
Author
ALTAMAS KABIR
Bench
CYRIAC JOSEPH ALTAMAS KABIR

Judgment text excerpt

The Supreme Court ruled that an employer cannot take disciplinary action against an employee for acts committed during previous employment in an affiliated society, as established under the West Bengal Cooperative Rules, 1987. The Court held that the Bank lacked authority to dismiss the Respondent No.1 for alleged financial irregularities that occurred while he was employed by the Samity, as he was not an employee of the Bank at that time. The dismissal was deemed invalid due to the failure to provide the Respondent with a copy of the Enquiry Report and a second show-cause notice, violating principles of natural justice.

BURDWAN CENTRAL CO-OP.BANK LTD. vs ASIM CHATTERJEE . · Niyam