Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : Dismissal from service – |
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 Allowed |
Headnote | Service Law : Dismissal from service – Delinquent employee Bank Manager dismissed from service by the disciplinary authority for misappropriating the sum of Rs. 10 lakhs by preparing fraudulent cash remittance document – Dismissal confirmed by the appellate authority – In writ petition, the Single Judge of the High Court set aside the dismissal order and directed the employer to give all the consequential benefits to the employee except back wages as he attained the age of superannuation – Upheld by the Division Bench – On appeal, held: Management of employer has proved the complete chain of events to conclude that employee was guilty of the charge – Findings recorded by the Enquiry Officer, reasonably support the conclusion that the Delinquent officer is guilty of the charge – Modus operandi adopted by the employee shows criminal mind and conduct – High Court erred in re-appreciating the entire evidence on record and interfering with the findings of fact recorded by the Enquiry officer and accepted by Disciplinary Authority, thus, the order of the High Court is patently illegal – Furthermore, it cannot be said that since the delinquent officer has been acquitted in a criminal court, he cannot be held guilty in a disciplinary proceeding – Standard of proof is different in criminal cases and departmental proceedings and the same charges and evidences may lead to different results in the two proceedings – Thus, order of dismissal justified – Order passed by the High Court is quashed and set aside. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 616 |
Petitioner | State Bank Of India & Anr. |
Respondent | K.s. Vishwanath |
SCR | [2022] 4 S.C.R. 143 |
Judgement Date | 2022-05-20 |
Case Number | 3490 |
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