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KRISHNA MURARI, BELA M. TRIVEDI
State Bank Of India – Appellant
Versus
Kamal Kishore Prasad – Respondent
Headnote: Read headnote
JUDGMENT :
BELA M. TRIVEDI, J.
1. Leave granted.
2. The present appeal is directed against the judgment and order dated 01.02.2018 passed by the High Court of Judicature at Patna in LPA No. 2035 of 2016, whereby the High Court has dismissed the appeal filed by the Appellant-Bank and confirmed the order passed by the Single Bench.
3. The short facts giving rise to the present petition are that the respondent while posted as a Branch Manager at Marufganj Branch and at various other branches, was found to have committed various lapses, in respect of which he was suspended on 14.06.1993 in terms of Rule 50A(i)(a) of SBIOSR, 1992. On the departmental proceedings having been conducted against him, the Inquiry Authority had submitted its report on 09.03.1998, whereby some of the allegations were found to be proved and some were found to be partly proved. The Disciplinary Authority agreed with some of the findings recorded by the Inquiry Authority and called upon the
Order of Appointing Authority dismissing respondent from service after granting opportunity of hearing to respondent, cannot be interfered with.
Penalty – No disciplinary proceeding can be initiated after delinquent employee or officer retires from service on attaining age of superannuation or after extended period of service – When a departm....
The main legal point established in the judgment is the requirement for the disciplinary authority to follow the principles of natural justice, record tentative reasons for disagreement with the inqu....
Order of removal or dismissal from service can be passed only when an employee is in service – If a person is not in employment, question of terminating his service ordinarily would not arise unless ....
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
Disciplinary proceedings against a retired bank officer can proceed if initiated prior to retirement, identifying lapses in loan sanctioning as misconduct warranting penalties.
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