Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Dismissal from service after superannuation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law – Dismissal from service after superannuation – Propriety of – Respondent while in charge of extension counter of appellant-Bank issued a cheque in 1991, from his account in appellant-Bank, for Rs.3 lakhs in favour of his brother while he had only about Rs.1,000/- in his account – Notwithstanding the ‘stop payment’ communication by respondent to the Bank, respondent’s brother presented the cheque and it was temporarily encashed – Respondent was issued charge sheet in 1998– Respondent superannuated in January, 1999 but disciplinary proceedings continued against him and he was dismissed from service by order of Disciplinary Authority – High Court quashed the said order – Held: There was enormous delay of about 7 years in issuing charge sheet against respondent, for which there is no explanation – On this ground itself, charge sheet against respondent is liable to be set aside – Even if the charge against respondent was proved, it was an action personal to him and would not amount to misconduct within the purview of the Conduct Regulations applicable to bank employees – Further, before the charge sheet was issued to respondent, he was placed in a higher category as Manager and was also allowed to cross the efficiency bar – If the Bank was serious about proceeding against respondent for misconduct, they would not have granted him such benefits –Also, the respondent was denied his pension as well as subsistence allowance which prevented him from effectively participating in the disciplinary inquiry – On this ground also, the proceedings against respondent are vitiated – Punishment of dismissal could not have been imposed on respondent after his superannuation – No reason to interfere with the judgment of High Court – Costs of Rs. 1 lakh imposed on appellant – UCO Bank (Officers’) Service Regulations, 1979 – Regulation 20(3)(iii) – UCO Bank Officer Employees’ (Conduct) Regulations, 1976 – UCO Bank(Employees) Pension Regulations, 1995 – Negotiable Instruments Act, 1881. Service Law – Subsistence allowance – Entitlement to, during pendency of departmental enquiry – Discussed – Access to justice. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 145 |
Petitioner | Uco Bank & Ors. |
Respondent | Rajendra Shankar Shukla |
SCR | [2018] 2 S.C.R. 636 |
Judgement Date | 2018-02-15 |
Case Number | 2693 |
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