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SUNEET KUMAR, RAJENDRA KUMAR IV
Chairman and Managing Director – Appellant
Versus
Vijay Agarwal – Respondent
JUDGMENT :
1. Heard Sri Vishnu Pratap learned counsel appearing for the appellant/respondent and Sri Ajay Rajendra, learned counsel appearing for the respondent/petitioner.
2. Petitioners, herein, a bank, by the instant intra court appeal has raised challenge to the judgment and order dated 26 July 2021, passed by the learned Single Judge in Writ-A No. 43450 of 2014 (Vijay Agarwal vs. Chairman and Managing Director Central Bank of India and others) to the extent that the impugned order has directed appellant to pay arrears of salary and consequential benefits for the period of dismissal until reinstatement.
3. The respondent/petitioner was out of service pursuant to an order of dismissal dated 4 August 2006 until his reinstatement 24 August 2013. Aggrieved, by the dismissal order the respondent/petitioner filed a writ petition being Writ-A No. 17804 of 2007, which came to be allowed only on the quantum of punishment imposed on the respondent/petitioner. The writ Court was of the opinion that the punishment imposed is not commensurate to the guilt, accordingly, a lesser punishment would suffice. The operative portion of the order reads thus :
Reinstatement after wrongful termination entitles an employee to back wages unless the employer proves otherwise, even if a minor penalty like censure is imposed.
The entitlement to back wages in cases of wrongful termination of service is subject to various factors including the burden of proof on gainful employment, and the adjudicatory authority has discret....
Employer is also entitled to prove it otherwise against the employee, namely, that the employee was gainfully employed during the relevant period and hence not entitled to claim any back-wages. The n....
Dismissal from service - When an order of termination by way of punishment i.e. dismissal or removal is set aside being in violation of principle of natural justice, such an order of punishment rende....
The bank cannot be held liable to pay salary and allowances for the period when the employee did not discharge his duties due to his own involvement in misconduct. The discretion of the Disciplinary ....
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