NARESH CHANDRA BHARDWAJ versus BANK OF INDIA & ORS.

NARESH CHANDRA BHARDWAJ versus BANK OF INDIA & ORS.

Once no significant difference can be found in the charges and conduct of co-delinquents and the financial consequences are identical, denying parity in punishment is unjustified. The punishment for the appellant should be converted from removal from service to compulsory retirement to ensure equality under service law.

Parties
Appellant: Naresh Chandra Bhardwaj; Respondents: Bank of India & Ors.
Jurisdiction
India
Judgment Date
22 April 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (writ A. No. 41237 of 2010, Allahabad High Court)
Outcome
Appeal allowed
Legal Topics
Removal From Service, Compulsory Retirement, Judicial Review of Punishment, Parity in Punishment, Compassionate Allowance
Service Law Administrative Law Removal From Service Compulsory Retirement Judicial Review of Punishment Parity in Punishment Compassionate Allowance

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Parties

Naresh Chandra Bhardwaj

Appellant

Bank of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (writ A. No. 41237 of 2010, Allahabad High Court)

Legal Issues

  1. 1 Whether the punishment of removal from service imposed on the appellant should be converted to compulsory retirement on the grounds of parity with other similarly situated officers.
  2. 2 Whether judicial review by courts can extend to altering the quantum of punishment in service matters, particularly on the basis of parity.

Ratio Decidendi

Once no significant difference can be found in the charges and conduct of co-delinquents and the financial consequences are identical, denying parity in punishment is unjustified. The punishment for the appellant should be converted from removal from service to compulsory retirement to ensure equality under service law.

Court Disposition

Appeal allowed

Orders

  • The punishment of removal from service imposed on the appellant is converted to compulsory retirement.
  • Parties to bear their own costs.