NDLI: Surjeet Singh Bhamra Vs. Bank of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bank of India Voluntary Retirement Scheme 2000 Service law Punishment order
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service law — Punishment order — Challenge to — Allegation of commission of several irregularities by appellant-Branch Manager — Issuance of memo to appellant — Thereafter, announcement of Bank of India Voluntary Retirement Scheme, 2000 — In terms thereof, application for voluntary retirement to be made before 14.12.2000 and the cut-off date for the Bank to complete all the formalities was 30.12.2000 — Appellant applied for VRS on 16.11.2000 whereas he was served with the charge-sheet on 02.03.2001 which was admitted by him - Subsequently, order passed by the Chief Manager on 20.03.2001 imposing the punishment of reduction of his basic pay by five stages on the appellant — Thereafter, appellant's application for voluntary retirement accepted by the Bank on 19.06.2001 - Punishment order challenged by the appellant ~ In writ petition and writ appeal, punishment order upheld by the High Courts - On appeal, held: Scheme is partly mandatory for its compliance for the employee whereas directory for its compliance for the Bank - Relationship of employee and employer between the appellant and the Bank continued till 19.06.2001 - Thus, Bank was within its rights to take any action under the service rules against the appellant up to 19.06.2001 — Bank was within its rights to issue a charge-sheet to the appellant on 02.03.2001 — Since the memo was served on the appellant prior to introduction of the Scheme, the disciplinary proceedings were rightly initiated after coming into force of the Scheme — Bank was right in considering and accepting the application on 19.06.2001 — Thus, the action taken was just, legal and proper — Having regard to the nature and gravity of the charge and admission of the charge by appellant, the punishment imposed on the appellant was just and proper, and does not call for interference — Bank/Banking.Bank/Banking - Bank of India Voluntary Retirement Scheme, 2000 - Relevant clauses therein - Mandatory or directory - For ensuring their compliance by the employee and the Bank - Held: If a thing is required to be done by a private person within a specified time, same would ordinarily be mandatory but when a public functionary is required to perform a public function within a time frame, the same would be held to be directory unless consequences therefor are specified - Thus, the Scheme is partly mandatory for its compliance for the employee and directory for its compliance for the Bank.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2016 INSC 146
Petitioner	Surjeet Singh Bhamra
Respondent	Bank Of India & Ors.
SCR	[2016] 1 S.C.R. 879
Judgement Date	2016-02-08
Case Number	5038

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