Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Principle of natural justice Reasonable opportunity of hearing |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Doctrines/Principles: Principle of natural justice – Reasonable opportunity of hearing – On facts, writ petition by employee challenging his removal from service – High Court set aside the order of punishment as well as penalty order, directing employer to serve notice before imposing penalty – Thereafter, employer-bank served repeated notice for personal hearing to employee, however, employee did not appear – In appeal by the employee, the Division Bench however, again directed the employerBank to grant another opportunity of hearing to the employee – On appeal held: Once opportunity has been granted to the employee, he is not entitled to another opportunity on the ground of compassion – Time and again opportunity of hearing cannot be granted on the pretext of justice – Delaying tactics cannot be rewarded in such a manner – Once the employee has failed to avail of opportunity of hearing granted, the Bank cannot be directed to give another opportunity – Thus, the directions issued by the Division Bench to grant another opportunity not sustainable and is set aside – In view of grave and serious allegations of financial irregularities against the employee, the order of removal cannot be said to be unjust. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 812 |
Petitioner | State Bank Of India & Ors. |
Respondent | Atindra Nath Bhattacharyya & Anr. |
SCR | [2019] 9 S.C.R. 769 |
Judgement Date | 2019-07-25 |
Case Number | 5842 |
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