D.C. AGARWAL versus STATE BANK OF INDIA AND ORS.

D.C. AGARWAL versus STATE BANK OF INDIA AND ORS.

The decision not to extend service was vitiated by violation of prescribed rules: the committee was not properly constituted, and the final order was passed by an improper authority—a Review Committee member—not the competent authority required by rules.

Parties
Appellant: D.C. Agarwal; Respondents: State Bank of India and Ors.
Jurisdiction
India
Judgment Date
11 March 1994
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Extension of Service, Review Committee Procedure, Fairplay in Disciplinary Decisions
Service Law Extension of Service Review Committee Procedure Fairplay in Disciplinary Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

D.C. Agarwal

Appellant

State Bank of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court

Legal Issues

  1. 1 Was the constitution of the Review Committee in accordance with rules?
  2. 2 Did the procedure for extension of service violate guidelines and fairplay?

Ratio Decidendi

The decision not to extend service was vitiated by violation of prescribed rules: the committee was not properly constituted, and the final order was passed by an improper authority—a Review Committee member—not the competent authority required by rules.

Court Disposition

Appeal allowed

Orders

  • Orders of the High Court, Appellate Authority, and Review Committee are quashed.
  • Respondents to constitute a fresh committee as per rules within two weeks.