Jammu & Kashmir High Court, in Naseer Ahmad Sheikh vs. J&K Bank Limited and Ors. (WP(C) No. 2887/2022, CM Nos. 7261/2022 & 8281/2024),on July 24, 2025, set aside the retrospective dismissal of an employee passed after his retirement. The employee, with nearly three decades of service, had been dismissed following a departmental enquiry. The Court held that the penalty was excessive, inequitable, and not commensurate with the nature of the alleged lapses, particularly when the acts were at most errors of judgment. The Court further observed that the enquiry process was flawed, noting the refusal to summon or allow cross-examination of senior officials and the denial of access to key documents. The Court held that the employee’s clean record and cooperation during the enquiry would deem the termination as “legally unsustainable”.
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