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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SURESH KUMAR KAIT, VIVEK JAIN
Bank Of India Through Its General Manager – Appellant
Versus
Narmada Prasad Choudhary – Respondent
| Table of Content |
|---|
| 1. common order disposing two writ appeals. (Para 1 , 2) |
| 2. appellant bank's challenge to the lower court's partial allowance of the employee's writ petition. (Para 3) |
| 3. petitioner seeks additional reliefs in appeal. (Para 4) |
| 4. petitioner's service details and grievance. (Para 5 , 7 , 8 , 10) |
| 5. initial compulsory retirement challenged in court. (Para 6 , 14) |
| 6. bank opposes claims on procedural ground. (Para 9 , 11 , 12) |
| 7. court analyzes exclusion of service period. (Para 13) |
| 8. the impact of previous court orders on benefits. (Para 15 , 21) |
| 9. the court reviews disciplinary authority decisions and the implication of appellate judgments. (Para 22 , 26) |
| 10. court affirms modified punishment and benefits. (Para 24 , 27 , 28) |
ORDER :
Suresh Kumar Kait, CJ:
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
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....
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.
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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