Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SERVICE LAW: Punishment - Respondent senior manager in appellant bank |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | SERVICE LAW: Punishment - Respondent senior manager in appellant bank - Allegation of purchasing third party cheques and drafts of huge amounts beyond his authority of lending - Inquiry report - Correspondence of appellant bank with Central Vigilance Commission (CVC) - Respondent's request for furnishing of papers exchanged with the CVC declined - Imposition of punishment of reduction of two stages in pay scale on advise of CVC - Request of Vigilance Officer of the bank to the CVC that the penalty imposed deserved to be modified to a minor penalty - Not accepted - Writ petition by respondent seeking quashing of order of punishment and direction to consider him for further promotion - Allowed by High Court - On appeal, held: Undoubtedly, there were serious allegations against the respondent, and such acts could not be condoned - At the same time, the Bank itself had taken the view in the initial stage that the action did not require a major penalty - High Court was also informed at the stage of review that the Bank was considering imposition of a minor penalty - As the advise from eve was sought, it could not be said that this additional material was not part of their decision making process - When this report was not made available to the respondent, it is difficult to rule out the apprehension about the decision having been taken under pressure - Any material, which goes into the decision making process against an employee, cannot be denied to him - Therefore part of judgment interfering with the punishment is sustained - As regards issue of promotion, the respondent had previous adverse entry in his record - Inasmuch as the record of respondent was not satisfactory, there was no occasion for High Court to give any such direction on the footing that the respondent was denied the consideration only because he had suffered a punishment - The direction to consider him for promotion, and give him benefits on that footing set aside - Natural justice. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2014 INSC 141 |
Petitioner | Oriental Bank Of Commerce & Ors. |
Respondent | S.s. Sheokand & Anr. |
SCR | [2014] 3 S.C.R. 341 |
Judgement Date | 2014-02-26 |
Case Number | 3081 |
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