Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Misconduct - Penalty - Allegation against the appellant that he filled the loan application of a borrower and influenced the manager of another branch of the bank to sanction loan despite knowing that the borrower had earlier taken loan from his branch and thereby appellant failed to protect the interests of the bank |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law — Misconduct — Penalty — Allegation _ against the appellant that he filled the loan application of a borrower and influenced the manager of another branch of the bank to sanction loan despite knowing that the borrower had earlier taken loan from his branch and thereby appellant failed to protect the interests of the bank — Meanwhile, in the disciplinary proceedings against the manager of the other branch, authority awarded minor penalty of one stage lower in time scale for a period of one year — However in case of appellant, order of dismissal passed — Appellant filed writ petition — Single judge of High Court found that there was unfairness in the enquiry as the list of witnesses and the . copies of the documents were not given to the appellant and granted reinstatement with all service benefits and back wages to the extent of 25% — On challenge by respondents, Division Bench modified the punishment by imposing penalty of reduction of one increment for one year and reinstatement without back wages since he was already drawing pension — On appeal, held: It was a case of denial of fair opportunity to the appellant in gross violation of the procedural | ‘requirements of the Service Rules — The finding of the enquiry officer on the charges was vitiated on account of non- compliance of the statutory Rules and principles of natural justice — In the absence of evidence, the order of reinstatemént without full back wages was unjustified in law—~ High Court should have made deduction of the amount of pension received by the appellant after awarding full bac ‘wages for the period in question — Order of Division Benc set aside and order of single judge restored and modifie with regard to award of reinstatement with full back wages. |
Judge | Hon'ble Mr. Justice Amitava Roy Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 842 |
Petitioner | Pawan Kumar Agarwala |
Respondent | General Manager-ii & Appointing Auth. State Bank Of India & Ors. |
SCR | [2015] 15 S.C.R. 555 |
Judgement Date | 2015-11-17 |
Case Number | 13448 |
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