Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Dismissal - On ground of wilful dereliction of duty |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law:Dismissal - On ground of willful dereliction of duty -Departmental enquiry against bank employee on the allegation that he allowed fraudulent withdrawal of certain amount by person impersonating as account holder. resulting in loss to the bank - Dismissal from service -: However, employee acquitted in a criminal case in regard to the allegations which were the subject matter of the departmental enquiry on the ground that the charges were not proved beyond doubt - Order of dismissal challenged on the ground of acquittal in the criminal case - High Court set aside the order of dismissal and issued direction for re-instatement with full backwages and consequential benefits - On appeal, held: Order passed by the High Court not justified - Loss of confidence in an employee is an important and relevant factor- Bank is justified in contending that not only employees who are dishonest, but those who are guilty of gross negligence, are not fit to continue in its service - High Court interfered with the said finding without expressly holding that the said finding of guilt was erroneous - It proceeded as if it was sitting in appeal over the departmental inquiry and interfered with the finding on a vague assumption - Order of acquittal passed by the criminal court by giving the employee the benefit of G doubt, would not in any way render a completed disciplinary proceedings invalid nor affect the validity of the finding of guilt or consequential punishment - Standard of proof required in criminal proceedings and the departmental enquiries are different - Thus, order of the High Court is set aside - Finding of guilt recorded by the disciplinary authority is upheld, however, the punishment is modified from 'dismissal' to 'compulsory retirement'.Departmental enquiries - Interference with - Held: Courts will not interfere with findings of fact recorded in departmental enquiries, except where such findings are based on no evidence or where they are clearly perverse - Test to find out perversity is to see whether a tribunal acting reasonably could have arrived at such conclusion or finding, on the material on record - Courts would interfere if principles of natural justice or statutory regulations have been violated or if the order is found to be arbitrary, capricious, mala fide or based on extraneous considerations. |
Judge | N/A |
Neutral Citation | 2011 INSC 169 |
Petitioner | State Bank Of Bikaner & Jaipur |
Respondent | Nemi Chand Nalwaya |
SCR | [2011] 3 S.C.R. 589 |
Judgement Date | 2011-03-01 |
Case Number | 5861 |
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