SUSHILA TIWARY AND OTHERS versus ALLAHABAD BANK AND OTHERS

SUSHILA TIWARY AND OTHERS versus ALLAHABAD BANK AND OTHERS

Since the employee was acquitted on benefit of doubt in criminal appeal after conviction, Clause 19.3(d) applied—not Clause 19.3(c). The employee was deemed reinstated from the date of original dismissal but under suspension and entitled only to subsistence allowance, not full pay and allowances. No illegality in termination or High Court decisions was found.

Parties
Appellants: Sushila Tiwary and Others; Respondents: Allahabad Bank and Others
Jurisdiction
India
Judgment Date
16 July 2012
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Patna High Court
Outcome
Appeal dismissed
Legal Topics
Bank Employee Termination, Departmental Inquiry, Suspension and Reinstatement, Acquittal After Conviction, Bi Partite Settlement, 1966 Clauses 19.3(c), 19.3(d), 19.5(d), 19.5(j)
Service Law Bank Employee Termination Departmental Inquiry Suspension and Reinstatement Acquittal After Conviction Bi Partite Settlement, 1966 Clauses 19.3(c), 19.3(d), 19.5(d), 19.5(j)

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Parties

Sushila Tiwary and Others

Appellants

Allahabad Bank and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Patna High Court

Legal Issues

  1. 1 Whether departmental enquiry can be initiated without reinstatement after acquittal in criminal case
  2. 2 Entitlement to full pay and allowances after acquittal on benefit of doubt under Bi-Partite Settlement Clauses 19.3(c) and 19.3(d)

Ratio Decidendi

Since the employee was acquitted on benefit of doubt in criminal appeal after conviction, Clause 19.3(d) applied—not Clause 19.3(c). The employee was deemed reinstated from the date of original dismissal but under suspension and entitled only to subsistence allowance, not full pay and allowances. No illegality in termination or High Court decisions was found.

Court Disposition

Appeal dismissed

Orders

  • No merit in the appeal; the appeal is dismissed; there shall be no order as to costs.