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SURESH KUMAR KAIT, VIVEK JAIN
Bank of India Through Its General Manager – Appellant
Versus
Narmada Prasad Choudhary – Respondent
| Table of Content |
|---|
| 1. writ appeals are disposed of together. (Para 1 , 2 , 3) |
| 2. petitioner's claims for arrears and pension. (Para 4) |
| 3. disciplinary proceedings leading to penalties. (Para 5 , 6 , 10 , 12) |
| 4. bank's arguments on delay and entitlement. (Para 11 , 14 , 21) |
| 5. court reviews legality of service period exclusion. (Para 13 , 23 , 24) |
| 6. supreme court precedent on punishment substitutions. (Para 25 , 26 , 27) |
| 7. court dismisses appeals, upholding lower court's order. (Para 28) |
ORDER
Kait, C.J. -- 1. By this common order, both these writ appeals are being disposed of as one has been filed by the appellant/Bank of India (hereinafter referred to as 'the Bank') and the another by the employee (writ petitioner) against the same impugned order allowing in part by the learned Single Judge.
2. Writ Appeal No.445/2024 has been filed by the Bank being aggrieved by the order dated 23.11.2023 passed by the learned Single Judge in Writ Petition No.3428/2021 whereby the writ petition filed by the writ petitioner Narmada Prasad Choudhary was partly allowed with the following directions:
"18. Accordingly this petition is allowed in part directing the respondent Bank to count the total service of
Period of service excluded due to unjust compulsory retirement must be counted for benefits upon reinstatement as per judicial directives, ensuring equitable treatment for employees.
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....
Retrospective penalties for compulsory retirement are impermissible and must align with the order date past which no previous penalty exists.
The court upheld the principle of proportionality in punishment and emphasized the importance of considering the unexplained delay in disciplinary proceedings when determining service benefits.
Pension calculation must comply with specific rules; compulsory retirement does not entitle weightage for pension benefits.
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
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.
(1) Merely because a show cause notice is issued by indicating proposed punishment it cannot be said that disciplinary authority has taken a decision.(2) If an officer/employee of bank is allowed to ....
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