Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Dismissal from service |
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 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Dismissal from service - Branch Manager - Subjected to disciplinary inquiry - Punishment of dismissal - Writ petition on the grounds of non-supply of vigilance report and refusal by Bank to summon the documents and the witnesses mentioned in the list - HELD: The delinquent officer neither raised the issue of non-supply of the documents during the entire course of the inquiry proceedings nor was it canvassed even before the Single Judge of the High Court - Besides, he failed to submit within stipulated time the list of documents and witnesses and, therefore, could not complain Of breach of procedural requirement - The challenge before the Single Judge was restricted to denial of natural justice for non-supply of vigilance report - But the recommendations of the CVC were not taken into consideration by the authorities concerned- The delinquent officer failed to prove any prejudice or that the non-supply of C. V. C. report has resulted in miscarriage of justice - State Bank of India (Supervising Staff) Service Rules - r.50(11) - Clause (4), Note - Administrative Law Natural justice.Disciplinary inquiry - -Non-supply of documents to delinquent employee - HELD: Except in cases falling under "no notice", "no opportunity" and "no hearing" categories, the complaint of violation of procedural provision should be examined from the point of view of prejudice - It was incumbent on the delinquent officer to plead and prove the prejudice caused by the non-supply of the documents - He has failed to place on record any facts or material to prove what prejudice has been caused to him - State Bank of India (Supervising Staff) Service Rules. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2011 INSC 29 |
Petitioner | State Bank Of India And Ors. |
Respondent | Bidyut Kumar Mitra And Ors |
SCR | [2011] 1 S.C.R. 298 |
Judgement Date | 2011-01-11 |
Case Number | 296 |
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