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S. M. SUBRAMANIAM, C. KUMARAPPAN
M. Rajagopal (Died) – Appellant
Versus
State Bank Of India – Respondent
| Table of Content |
|---|
| 1. background on disciplinary charges against the appellant. (Para 2 , 3 , 4 , 5) |
| 2. appellant's arguments on procedural discrepancies and misconduct. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. respondent's rebuttal emphasizing serious nature of charges. (Para 13 , 14 , 15 , 16) |
| 4. court's detailed analysis and reaffirmation of disciplinary proceedings. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. conclusion of the judgment affirming the dismissal of the writ appeal. (Para 34) |
JUDGMENT :
S.M.SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to allow the writ appeal, setting aside the order of the learned Judge, dated 07.12.2020 in W.P.No.15463 of 2014, directing the respondent Bank to pay due pension, gratuity and other retirement benefits and arrears from the date of superannuation, that is from 30.10.2011 with interest.
The intra Court appeal on hand has been instituted challenging the common order pronounced on 07.12.2020 in W.P.No.15463 of 2014.
FACTS OF THE CASE:
2. The writ appellant Late Mr.M.Rajagopal was holding the post of Chief Manager in the State Bank of India. He was due to retire from
Disciplinary proceedings against a retired bank officer can proceed if initiated prior to retirement, identifying lapses in loan sanctioning as misconduct warranting penalties.
Disciplinary proceedings against bank employees must adhere to established regulations, and decisions upheld by the appellate authority are not subject to re-evaluation by the High Court unless deeme....
The court held that disciplinary authority's punishment must be proportionate to the misconduct, and failure to adhere to natural justice principles can warrant judicial intervention.
The court reiterated the well-settled proposition of law that negligence does not amount to misconduct and that the punishment of compulsory retirement in the instant case was shockingly disproportio....
Scope of judicial review against a departmental enquiry proceeding is very limited – It is not in nature of an appeal and a review on merits of decision is not permissible – Scope of enquiry is to ex....
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