Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Laws Misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Laws : Misconduct - Respondent, a bank manager, charge-sheeted for sanctioning loans without adequate security and without prior approval/ ratification from superior authorities and contrary to departmental instructions - Relevant rules defined "gross misconduct" as 'doing any act prejudicial to the interests of the Bank, or gross negligence involving or likely to involve bank In serious loss - Held, proof of actual loss was not necessary to attract this clause - Negligence - Sanctioning of loans - Bank of Cochin Service Code, Chapter VI, para 22(iv)(I). Departmental Enquiry - Penalty - Imposition of - Respondent working in Bank of Cochin as Manager, was served with a charge sheet for alleged irregularities in disbursement of loans for the period 1977-81 - Bank of Cochin amalgamated with State Bank of India on 27-4-1985 - Inquiry Officer found the respondent guilty of gross negligence and awarded dismissal without notice - Appellate Authority commuted the penalty of dismissal to removal as per the SBI Rules on 30-7-1987 - Held, penalty could have been passed only under the Bank of Cochin Rules as the alleged misconduct pertained to period prior to the amalgamation of the Bank of Cochin with the SBl - The application of SBI Rules were inapplicable - Bank of Cochin Service Code, Para 22(v) - State Bank of India (Supervising Staff) Service Rules, Rule 49(g) - Banks - Amalgamation of - Applicability of Rules prior to amalgamation - Constitution of India, Article 20(1) - Protection against penalty by ex post facto laws. Departmental Enquiry - Penalty - Imposition of - Other than the one prescribed under the relevant rules - Penalty of dismissal commuted by the Appellate Authority to removal though removal was not prescribed under the relevant rules - Matter remanded back to appellate authority for fresh imposition of penalty as prescribed under the relevant rules - Bank of Cochin Service Code, Chapter VII, Para 22(v) - Administrative law - Ultra vires. Reinstatement - Consequential benefit - Penalty of removal found to be ultra vires - Under the relevant rules, lesser punishment provided than losing a job - High Court directing payment of back wages, promotions, increments, etc. - Direction sustained. Penalty - Discharge and removal - Difference between the two - Condonation of misconduct and mere discharge from service - Appellate authority imposing penalty of removal not prescribed under the rules - Held, removal was not same as discharge from service by condoning misconduct. Words and Phrases - Words "removal" and "discharge" - Meaning of. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 220 |
Petitioner | State Bank Of India And Ors. |
Respondent | T.j. Paul |
SCR | [1999] 2 S.C.R. 1060 |
Judgement Date | 1999-05-04 |
Case Number | 2690 |
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