Srinagar: The High Court of Jammu and Kashmir and Ladakh has set aside the retrospective dismissal of a retired Jammu and Kashmir Bank officer, Naseer Ahmad Sheikh, and directed the bank to release his pending pension benefits within eight weeks. Justice Javed Iqbal Wani, delivering the verdict, held that the bank’s disciplinary proceedings did not comply with due process and principles of natural justice.
Sheikh, who retired on June 30, 2021, was dismissed with retrospective effect on April 1, 2022, based on allegations related to temporary overdrafts and a housing loan sanctioned during his tenure. The court found that the inquiry process had procedural shortcomings, including denial of a fair hearing and lack of opportunity to cross-examine witnesses.
It also noted that key claims, such as Sheikh acting under verbal instructions from superiors, were not adequately investigated. The court held that the penalty of dismissal, especially with retrospective effect, was disproportionate and not legally sustainable.
The bank had argued that the disciplinary action was justified due to the financial implications of Sheikh’s decisions. However, the court found that the inquiry had ignored relevant facts, including recoveries made and the absence of personal gain.
The court ordered that the withheld pensionary dues be paid within eight weeks, failing which 8% annual interest would apply.
