Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1976 Canara Bank Officers and Employees (Discipline and Appeal) Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976 – Regulations 4(h), 5(3) – Respondent was working as Scale I officer with the appellant-bank – Put under suspension for misconduct by the Deputy General Manager of the Bank – Order passed inflicting the punishment of compulsory retirement – Respondent’s appeal dismissed by the Appellate Authority – Challenged by the respondent before the High Court – Meanwhile, review of the respondent also rejected – Single Judge remitted the matter to the Appellate Authority for reconsideration concluding that the General Manager of the Bank was justified in passing the order in view of Regulation 5(3) – Division Bench set aside the order on the ground that the General Manager being an authority higher to Disciplinary Authority cannot exercise the power of the Disciplinary Authority and remitted the matter to the Deputy General Manager – On appeal, held: It is clear from the Regulation 5(3) that the Disciplinary Authority or any other authority higher than it, may impose any penalties specified in Regulation 4 on any officer employee – In the instant case, the departmental proceedings against the respondent were initiated by the Deputy General Manager being the Disciplinary Authority – But the order of punishment was passed by the General Manager, who was higher than the Disciplinary Authority – Having regard to Regulation 5(3), Division Bench not justified in holding that General manager has no authority to pass the order of punishment – Order of the Division Bench set aside and that of the Single Judge, restored. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2020 INSC 18 |
Petitioner | Canara Bank And Ors. |
Respondent | Kameshwar Singh |
SCR | [2020] 1 S.C.R. 36 |
Judgement Date | 2020-01-08 |
Case Number | 66-67 |
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