Reopening Closed Disciplinary Proceedings Without Fresh Enquiry Violates Principles of Natural Justice
🔒 For Members Only
Case: LAXMAN KRISHNA KESARE v. MUMBAI DISTRICT CENTRAL CO-OPERATIVE BANK LTD.
Court: Bombay High Court
Date: 11-08-2026
Law: Constitution of India, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, Maharashtra Co-operative Societies Act, Principles of Natural Justice, Jurisprudence, Service Law.
Highlights of the Judgment:
- Examination of the finality of departmental proceedings and the disciplinary authority becoming functus officio after imposing punishment.
- Analysis of the legal impermissibility of reopening closed disciplinary proceedings based on subsequent conduct without a fresh enquiry.
- Application of principles of natural justice regarding the mandatory requirement of a formal chargesheet and hearing for distinct allegations.
- Scope of the High Court's supervisory jurisdiction under Article 227 over perverse concurrent findings of labor and industrial tribunals.
- Principles governing the award of lump-sum compensation in lieu of reinstatement and backwages upon an employee attaining superannuation.