ALLAHABAD BANK versus PREM NARAIN PANDE AND OTHERS

ALLAHABAD BANK versus PREM NARAIN PANDE AND OTHERS

The High Court erred in holding that only the authority who initiated disciplinary proceedings could complete them; under the Regulations, any equally competent authority may continue and conclude proceedings, and such change does not affect the right to appeal or invite conflicting orders.

Parties
Appellant: Allahabad Bank; Respondent No.1: Prem Narain Pande
Jurisdiction
India
Judgment Date
19 October 1995
Procedural Posture
Civil Appeal / Appeal From Judgment of the Allahabad High Court in W.p. No.3841 of 1986
Outcome
Appeal allowed. Order of the High Court set aside. Writ Petition restored to the High Court for decision on remaining contentions.
Legal Topics
Bank Disciplinary Proceedings, Competence of Disciplinary Authority
Service Law Bank Disciplinary Proceedings Competence of Disciplinary Authority

Case Brief

Summary, issues, holding and outcome

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Parties

Allahabad Bank

Appellant

Prem Narain Pande

Respondent No.1

Procedural Posture

Civil Appeal / Appeal From Judgment of the Allahabad High Court in W.p. No.3841 of 1986

Legal Issues

  1. 1 Whether Assistant General Manager was competent to pass the order of dismissal when disciplinary proceedings were initiated by Deputy General Manager under Allahabad Bank (Discipline and Appeal) Regulations, 1976
  2. 2 Whether change of disciplinary authority affects right of appeal or likelihood of conflicting orders

Ratio Decidendi

The High Court erred in holding that only the authority who initiated disciplinary proceedings could complete them; under the Regulations, any equally competent authority may continue and conclude proceedings, and such change does not affect the right to appeal or invite conflicting orders.

Court Disposition

Appeal allowed. Order of the High Court set aside. Writ Petition restored to the High Court for decision on remaining contentions.

Orders

  • Order of the High Court dated 30.7.1993 is quashed and set aside.
  • Writ Petition No. 3841 of 1986 is restored to the file of the High Court for decision on merits on remaining contentions.