IN THE HIGH COURT OF DELHI
V. Kameswar Rao, J.
Suresh Puri - Appellant
Versus
State Bank of India - Respondent
W.P.(C) 12042 of 2018 & CM. No. 46619 of 2018
Decided On : 05-01-2023
| Table of Content |
|---|
| 1. petitioner details background and employment history. (Para 1 , 2 , 3) |
| 2. arguments related to harassment and disfavor by the bank. (Para 4 , 5 , 6 , 12) |
| 3. disciplinary proceedings and penalties examined. (Para 21 , 22 , 24) |
| 4. determination of improper deduction from terminal benefits. (Para 119 , 125 , 130) |
| 5. bank must return improperly deducted amounts. (Para 134) |
JUDGMENT
V. Kameswar Rao, J.
1. The present petition has been filed with the following prayers:
"(A) Issue a Writ of Certiorari or any other appropriate Writ or pass any other appropriate Order directing the Respondents to quash the Order dated 07.02.2017, bearing No. DPD/1688/2466, passed by the Disciplinary Authority of the Respondent against the Petitioner and accordingly direct the Respondent to pay the Petitioner an amount equal to the reduction in salary that was imposed as a result of the Order dated 07.02.2017 along with interest @ 18% p.a. from 07.02.2017 till realization;
(B) Issue a Writ of Certiorari or any other appropriate Writ and/or Order directing the Respondents to quash the Order dated 16.03.2017, bearing No. DPD/1711/2195, passed by the Disciplinary Authority of the Respondent against the Petitioner;
(C) Declare that the Respondent has illegally withheld the salary of the Petitioner for the months of 01.02.2015 to 19.05.2015; and direct the Respondent to release the such withheld salary amount to the Petitioner along with interest @ 18% p.a. from 20.05.2015 till realization;
(D) Declare that the deductions to the tune of Rs. 28,500/- per month from 01.06.2016 to 31.03.2017 from the salary of the Petitioner are unlawful; and accordingly direct the Respondent to reimburse such deducted amount along with interest @ 18% p.a. from 01.06.2016 till realization;
(E) Issue a Writ of Mandamus or any other appropriate Writ or pass any other appropriate Order directing the Respondents to re-evaulate the amount of Pension, Provident Fund and Gratuity due to the Petitioner after taking into account the payments sought in prayer (a), (c) and (d) and release the differential amount alongwith interest@18% p.a. from 30.11.2017 upto realization;
(F) Declare that the appropriation of terminal benefits of the Petitioner towards payment of outstanding Home Loan, Education Loan and Vehicle Loan availed by the Petitioner from the Respondent is illegal;
(G) Issue a Writ of Mandamus or any other appropriate Writ and/or Order directing the Respondents to
(i) Reverse the debit of Rs. 9,68,027/- from the Personal OD Account of the Petitioner, bearing No. 67087136397, that was appropriated towards payment of outstanding Education Loan Amount alongwith interest @ 18% from the date of such debit upto realization ; and
(ii) Reverse the closure of the Education Loan Account, bearing No. 67064881260, maintained with the Saket Branch of the Respondent and allow the Petitioner to continue the loan;
(H) Issue a Writ of Mandamus or any other appropriate Writ and/or Order directing the Respondents to
(i) Reverse the debit of Rs. 15,50,700/- from the Pension Account of the Petitioner, bearing No. 37233644175, that was appropriated towards payment of outstanding Home Loan and Vehicle Loan alongwith interest @ 18% from the date of such debit upto realization; and
(ii) Reverse the closure of the Home Loan Account, bearing No. 67166815214 and Vehicle Loan Account, bearing No. 67046842754, maintained with the Sector 18, Gurgaon Branch of the Respondent and allow the Petitioner to continue the loans;
(I) Issue a Writ of Mandamus or any other appropriate Writ and/or Order restraining the Respondent from marking any lien in the Petitioner's Account bearing No. 67087136397 and Personal OD Account, bearing No. 67087136397 and thereby prohibit it from appropriating the Provident Fund and Gratuity towards any outstanding payment;
(J) Award costs in favour of the Petitioner; and
(K) Pass such other Order or further orders or direction as this Hon'ble Court may deem fit and prope
The disciplinary action was modified due to unsubstantiated allegations, emphasizing that personal financial transactions do not constitute misconduct unless violating conduct regulations.
Compliance with employment regulations, authority of the disciplinary manager, and the petitioner's failure to represent his case and claim his dues were crucial in determining the outcome of the cas....
Disciplinary proceedings against retired employees are barred if events occurred over four years prior to charge issuance; pension and gratuity cannot be withheld without proven moral turpitude invol....
The main legal point established in the judgment is that the dismissal of an employee must be proportionate to the misconduct, and in this case, the court found the dismissal to be disproportionate a....
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
Termination of employment upheld due to unauthorized absence exceeding 90 days, consistent with Bipartite Settlement provisions, despite claims of improper notice service.
Bank employees must maintain high standards of integrity; misconduct leading to loss of confidence justifies disciplinary penalties.
Disciplinary charges against retired employees are limited to events occurring within four years prior to charge issuance, with their procedural rights fully protected.
The disciplinary authority's decision to remove the employee for financial misconduct was upheld, as the inquiry followed due process and the employee admitted to significant charges.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.