Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 226 – Appellant who was serving as the Branch officer at the Respondent Bank was accused of taking bribe from the borrower of the bank – Case of borrower-complainant that he had applied for loan which was sanctioned but the loan amount was later reduced by the appellant – Bank issued a show cause notice to the Appellant – Appellant denied the allegations and in turn levied allegations of malice and bias against the Chairman of the Bank – The disciplinary proceedings were commenced which found the Appellant guilty and he was removed from service – Appellant filed an appeal before the Appellate Authority which was dismissed – Aggrieved appellant filed writ petition before the High Court – During the pendency of this writ petition, the Appellant filed another writ petition seeking a writ of mandamus commanding the Bank to grant promotion from the date when those junior to him were promoted – High Court while hearing both writs together, dismissed the first writ petition thereby confirming the order of removal from service without further entering into the merits of the writ petition which was for promotion – Hence the instant appeal – Held: The charges proved in the departmental proceedings showed that there was no financial loss caused to the Bank and on the contrary a decision was taken by the appellant to reduce the loan amount in the case of the complainant, which can be said to be the decision in the bank’s interest – Moreover, the fact that the appellant had worked for 28 years and during those 28 years, there were no allegations against him, the punishment of removal for the charges proved and the misconduct established, is too harsh and disproportionate – However, considering the fact that it can be said to be a case of loss of confidence in the employee by the Bank, it is deemed just and proper to substitute the punishment from that of removal of service to that of compulsory retirement – As regards the second writ petition, the High Court had dismissed the said writ petition for promotion primarily on the ground that once he was removed from service, there was no question of considering his case for promotion – However, the appellant claimed the promotion from the date when his juniors came to be promoted – The material available on record showed that in the earlier round of litigation, the High Court had directed the Bank to consider his case for promotion considering his ACR for the Financial Years 1999-2000 to 2003-2004 – The said exercise was required to be done by the Bank – Therefore, the second writ petition is remanded to the High Court to decide the same afresh in accordance with law and on its own merits. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 178 |
Petitioner | Umesh Kumar Pahwa |
Respondent | The Board Of Directors Uttarakhand Gramin Bank & Ors. |
SCR | [2022] 16 S.C.R. 420 |
Judgement Date | 2022-02-11 |
Case Number | 796 |
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