NDLI: State Bank of India Vs. P. Zadenga

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Whether clause 4 of the Memorandum of Settlement (MoS) dated 10th April 2002 create a bar on departmental proceedings continuing when the person subjected thereto is being tried before a criminal court for off ences of the same origin; and whether acquittal in some of the connected proceedings entail a benefi t in the surviving proceedings, inuring a right upon the delinquent employee of automatic discharge in disciplinary proceedings. Service Law – Departmental proceedings pending criminal trial arising from the same transactions, if to be stayed – Acquittal in one of the proceedings if entails an acquittal in the other: Held: Clause 4 of the MoS does not envisage a complete standstill of departmental proceedings as a result of the pendency of criminal proceedings – It may be desirable or, in certain circumstances, advisable for disciplinary proceedings to be stayed when criminal proceedings are ongoing however, stay is not "a matter of course" and is only to be given after consideration of all factors, for and against – Departmental proceedings cannot be unduly and unjustly delayed – It is only after the completion of the entire process of disciplinary proceedings that the respondent relying upon clause 4 of the MoS fi led writ petition challenging the action, which was a belated attempt only to forestall its implementation – Further, completion of trial must be construed as completion “within the reasonable time frame” and the clause cannot come to the aid of the employee “more so”, for “prolongation on the trial” – In the instant case, the completion of the trial concerning the crime registered in the year 1996 is nowhere nearing completion – On facts, no plea of MoS was ever taken – No specifi c plea of postponement of disciplinary proceedings awaiting conclusion of a criminal trial was made – Neither was it the case that the trial to which the respondent was subjected to begin within one year of the commission of the off ence nor does the record speak to this eff ect – It is not mandatory to stay the disciplinary proceedings particularly when they were initiated after the prescribed period of one year – The restriction within clause 4 is not complete and is to be applied on facts – Furthermore, the nature of proceedings being wholly separate and distinct, acquittal in criminal proceedings does not entitle the delinquent employee for any benefi t in the latter or automatic discharge in departmental proceedings and would also not tantamount to closure or culmination of proceedings in favour of the delinquent employee – Impugned judgment set aside – Respondent’s dismissal from service restored. [Paras 14.2, 15, 19, 22-24, 26 and 28-30]
Judge	Hon'ble Mr. Justice Sanjay Karol
Neutral Citation	2023 INSC 868
Petitioner	State Bank Of India
Respondent	P. Zadenga
SCR	[2023] 12 S.C.R. 740
Judgement Date	2023-10-03
Case Number	2518

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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State Bank of India Vs. P. Zadenga

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