Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | United Commercial Bank |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | United Commercial Bank Officer’s Service Regulations (0 of 1979) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration: Whether the High Court was justified in setting aside the order passed by the appellant-Bank imposing punishment of dismissal upon the respondent no.1-Bank manager. Service Law – United Commercial Bank Officer’s Service Regulations, 1979 – Regulation 20(3)(iii) – Termination of service – Disciplinary proceedings, not pending against delinquent employee, on the date of his superannuation – Effect – On facts, the Bank manager-employee attained the age of superannuation on 02.07.1991 and was due to retire on 31.07.1991 – On 17.06.1991 was served with a memo requiring him to explain the irregularities and lapses relating to certain accounts during his tenure – Thereafter, on 15.07.1991, the General Manager exercising power u/Regn 12 of the 1976 Regulations, placed him under suspension and the same was upheld by the Appellate Authority and the High Court – Meanwhile, on 07.12.1991, the Bank Manager served with the charge sheet and the departmental enquiry started – On 03.03.1993, the Disciplinary Authority dismissed the Bank Manager from service under the 1976 Regulations – Appeal there against rejected by the Appellate Authority – However, the High Court set aside the dismissal order – Correctness:Held: Bank manager-employee attained the age of superannuation on 02.07.1991 and was due to retire on 31.07.1991, whereas the chargesheet was issued to him on 07.12.1991 – Departmental proceeding was not initiated on issuance of a show cause notice but only when the chargesheet was issued – Thus, on the date of his superannuation, no disciplinary proceedings were pending against him – In view therof, the punishment order of dismissal from service set aside – Furthermore, since the employee expired during the pendency of the appeal, the appellant-Bank to pay the service benefits due to the employee along with interest @ 7% pa from the date of his retirement till the payment is made, to his legal heirs within the stipulated period – United Commercial Bank Officer, Employees (Discipline and Appeal) Regulations, 1976. [Para 23, 28] |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 908 |
Petitioner | Uco Bank And Others |
Respondent | M.b. Motwani (dead) Thr. Lrs. & Others |
SCR | [2023] 16 S.C.R. 525 |
Judgement Date | 2023-10-12 |
Case Number | 8516 |
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