Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SBIOSR 1992 Dismissal from Service Rules 19(1) & 19(3) Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – SBIOSR, 1992 – Rules 19(1) & 19(3) – Dismissal from Service – Respondent was dismissed from service as per order dated 11.08.1999 by the Appointing Authority – Writ petition by the respondent – Single Bench of the High Court by order dated 26.03.2003 set aside the order of the dismissal – Division Bench of the High Court stayed the operation of order passed by the Single Bench, however, finally the LPA was dismissed on 22.04.2010 – Meanwhile, respondent attained the age of superannuation on 30.11.2009 – SLP filed by the appellant-bank was allowed with the direction to the Appointing Authority to take appropriate decision – Pursuant thereto, the Appointing Authority issued a show-cause notice to the respondent – After granting personal hearing, the penalty of dismissal from service from 11.08.1999 was imposed – Respondent again approached High Court, which allowed the petition and set aside the order of dismissal – On appeal, held: Order dated 26.03.2003 of Single Bench setting aside the order of dismissal passed by the Appointing Authority having been stayed by the Division Bench, the respondent could not be deemed to have continued in service, and also when he had attained the age of superannuation on 30.11.2009 – Thereafter, the order of Division Bench dated 22.04.2010 passed in the LPA was set aside by Supreme Court while allowing the appeal filed by the Appellant-Bank vide the order dated 25.11.2013, again it could not be said that the respondent was continued in service, till he attained the age of superannuation – Order of Appointing Authority dismissing the respondent from service after granting opportunity of hearing to the respondent was in consonance with the direction given by Supreme Court and could not be said to be arbitrary illegal or in violation of Rule 19(3) of the said Rules – Impugned order of the High Court setting aside the order of dismissal set aside. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 21 |
Petitioner | State Bank Of India & Ors |
Respondent | Kamal Kishore Prasad |
SCR | [2023] 1 S.C.R. 893 |
Judgement Date | 2023-01-09 |
Case Number | 175 |
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