Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Dismissal of respondent |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Dismissal of respondent-employee on threecharges of misconduct in performance of official duties – Appellateauthority dismissed the appeal of respondent – Single judge of HighCourt allowed the writ petition and remanded the case to theappellate authority for fresh consideration – On remand, appellateauthority affirmed the dismissal order – Respondent again filed writpetition – Single judge of High Court held that charge no.2 was notproved and without expressing any opinion on charge no.1 and 3again remanded the matter to appellate authority for rehearing oncharge no.1 and 3 – On appeal, Division Bench of High Courtremanded the case to the Disciplinary authority holding that Singlejudge erred in remanding the case to the appellate authority – Instantappeal filed by the appellant-bank – Held: Single Judge failed tosee that so far as charge Nos. 1 and 3 were concerned, both wereheld proved against the employee in the departmental enquiry –Single Judge was under legal obligation to examine each chargeindependently and then record his findings on all the charges inaccordance with law – Division Bench having noticed the saiderror instead of rectifying the same erred in remanding the case tothe disciplinary authority instead of remanding it to the Single Judgefor deciding the writ petition on merits – The writ petition is,therefore, restored to its original file – Single judge to decide thewrit petition afresh. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 924 |
Petitioner | The Uttar Bihar Gramin Bank & Ors. |
Respondent | Narendra Kumar Sinha |
SCR | [2018] 12 S.C.R. 751 |
Judgement Date | 2018-10-03 |
Case Number | 10180 |
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