Back
ABHAY S. OKA, UJJAL BHUYAN
State Bank Of India – Appellant
Versus
Navin Kumar Sinha – Respondent
JUDGMENT :
UJJAL BHUYAN, J.
Heard learned counsel for the parties.
2.1. Respondent, an officer of the State Bank of India (SBI), was subjected to a disciplinary proceeding following which the penalty of dismissal from service was imposed on him. Departmental appeal filed by the respondent against the dismissal order was rejected by the appellate authority; so also the petition for review. Respondent filed a writ petition before the High Court challenging the order of penalty as upheld by the appellate authority and the reviewing authority. Learned Single Judge allowed the writ petition and set aside the order of penalty on the ground that the disciplinary proceeding was initiated after superannuation of the respondent including the extended period of service. Therefore, such disciplinary proceeding was held to be void ab initio and the consequential order of penalty set aside with a further direction to the appellants to pay the retiral and other dues of the respondent.
2.2. Appeal filed by the appellants was also dismissed by a Division Bench of the High Court. Against such dismissal of the letters patent appeal, Special Leave Petition (C) No. 11413 of 2020 was filed by the appellants
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....
Disciplinary proceedings against a bank officer must be initiated with a formal charge-sheet before superannuation; otherwise, they are deemed illegal.
The main legal point established in the judgment is that the initiation of disciplinary proceedings after an employee's retirement is subject to the provisions of the relevant pension and service reg....
The main legal point established is that the initiation of a departmental proceeding after an employee's superannuation, without issuing a memorandum of charge, is without jurisdiction and bias, rend....
(1) Disciplinary Proceedings – If extant service Rules/Regulations permit continuance of disciplinary proceedings, initiated against an officer/ employee before he had attained age of superannuation,....
Order of Appointing Authority dismissing respondent from service after granting opportunity of hearing to respondent, cannot be interfered with.
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
