Back
RAJA BASU CHOWDHURY
Swapan Kumar Basu – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. The present writ application has been filed, inter alia, challenging the entire disciplinary proceedings and for quashing the charge-sheet, order passed by the Disciplinary Authority and the order of the Appellate Authority. It is the petitioner’s case that the petitioner was appointed as clerk with United Bank of India (in short “UBI”). In course of his employment, by an order dated 26th August, 1987, he was placed under suspension in contemplation of departmental proceedings. On 27th August, 1987, Senior Chief Manager of UBI lodged a FIR and on the basis thereof, a criminal case being G.R. Case No. 2951 of 1989, T.R. No. 102 of 2002 was initiated against the petitioner which ultimately culminated in an order of acquittal passed by the Learned Metropolitan Magistrate, 15th Court, Calcutta.
2. It is also the petitioner’s case that in the interregnum, UBI stopped paying the petitioner subsistence allowance which he was entitled. This prompted the petitioner to approach this Hon’ble Court. By order dated 17th April, 2003, this Hon’ble Court directed UBI to consider the fixation of subsistence allowance within a specified time frame. Despite passing
The court established that an employee must be given a chance to respond to an enquiry officer's findings before a disciplinary authority makes a decision, as a matter of natural justice.
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
The judgment establishes the principle of double jeopardy in employment disputes and emphasizes the need for disciplinary actions to be based on valid grounds and not arbitrary or illegal initiation.
Disciplinary charges against retired employees are limited to events occurring within four years prior to charge issuance, with their procedural rights fully protected.
An employee who successfully contests compulsory retirement is entitled to full benefits, including service time lost during the retirement, highlighting the judicial emphasis on proportionality in d....
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
