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S. VISHWAJITH SHETTY, ALOK ARADHE
State Bank Of Mysore – Appellant
Versus
Shivanna D. Hulgur – Respondent
JUDGMENT
1. This intra court appeal emanates from the order dtd. 8/10/2019 passed by learned Single Judge by which in a writ petition preferred by the respondent, the order of punishment as well as orders passed by the appellate authority dtd. 20/9/2007 and 8/2/2008 respectively have been quashed and the appellant has been directed to pay all the consequential service benefits to the respondent along with interest at the rate of 8% per annum. In addition, the appellant has further been directed to pay medical expenses for which respondent was permitted to furnish the medical particulars. In order to appreciate the appellant's challenge to the impugned order, relevant facts need mention, which are stated hereinafter.
2. The respondent (hereinafter referred to as 'the employee' for short) joined the services of the State Bank of Mysore (hereinafter referred to as 'the Bank' for short) as a clerk on 15/1/1979. The employee was promoted as Officer in Junior Management Grade Scale-I and as Manager in Middle Management Grade Scale-II in December 1991 and December 1997 respectively.
3. The employee worked as a Branch Manager at BTM Layout, Bangalore for three years and thereafter, as Branc
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The judgment emphasizes the limited scope of interference in departmental proceedings under Articles 226 and 227 and the importance of justifying the penalty imposed.
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The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
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The court emphasized the limited scope of judicial review in disciplinary proceedings, highlighting the discretionary power of the disciplinary authority to impose appropriate punishment and the impo....
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