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 Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law: Dismissal from service - Employee in officer grade found guilty of misappropriation of funds - Order of removal from service - Reviewing authority modified the punishment and reduced it to demotion to cadre of clerk with a further bar against promotion for a period of seven years - Accepting same, employee rejoined but after expiry of seven years filed writ petition challenging the punishment awarded to him - High Court rejected the contention that the employee could not be put down in the clerks' cadre and his demotion could only be confined to a lower rank in the officer grade itself, however, found that the ·bar again::it the promotion for the period of seven years was harsh and set it aside - On appeal, held: It is well settled that punishment is primarily a function of the Management and the courts rarely interfere with the quantum of punishment - In the instant case, the proven charge against the employee was of financial irregularities and of making fraudulent withdrawals deriving pecuniary gain for himself - In a bank an offence of this kind is one of the most serious offences and punishment of removal from service could not be said to be unreasonable or unduly harsh - Reviewing Authority modified the order of punishment and gave him a lighter punishment which was accepted by employee without ado - In those facts, there was no scope for interference with the punishment on a purely subjective view taken by the High Court - Order of the High Court set aside and writ petition by employee dismissed - Judicial review. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 466 |
Petitioner | State Bank Of Mysore And Ors. Etc. |
Respondent | M.c. Krishnappa |
SCR | [2011] 7 S.C.R. 188 |
Judgement Date | 2011-07-06 |
Case Number | 5055-5056 |
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