PAWAN KUMAR AGARWALA versus GENERAL MANAGER-II & APPOINTING AUTH. STATE BANK OF INDIA & ORS.

PAWAN KUMAR AGARWALA versus GENERAL MANAGER-II & APPOINTING AUTH. STATE BANK OF INDIA & ORS.

The disciplinary enquiry was vitiated due to non-supply of list of witnesses and copies of documents to the appellant, constituting denial of fair opportunity and breach of statutory rules and principles of natural justice, thus rendering the findings perverse and penalty unjustified. The proper remedy is reinstatement with full back wages subject to deduction of pension received.

Parties
Appellant: Pawan Kumar Agarwala; Respondents: General Manager-II & Appointing Authority, State Bank of India & Ors.
Jurisdiction
India
Judgment Date
17 November 2015
Procedural Posture
Civil Appeal / Appeal Against Division Bench Decision of Gauhati High Court in W.a. No. 192 of 2014
Outcome
Appeal allowed
Legal Topics
Misconduct, Disciplinary Proceedings, Principles of Natural Justice, Penalty, Reinstatement, Back Wages
Service Law Misconduct Disciplinary Proceedings Principles of Natural Justice Penalty Reinstatement Back Wages

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Parties

Pawan Kumar Agarwala

Appellant

General Manager-II & Appointing Authority, State Bank of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Division Bench Decision of Gauhati High Court in W.a. No. 192 of 2014

Legal Issues

  1. 1 Whether the disciplinary enquiry against the appellant was conducted in compliance with statutory rules and principles of natural justice?
  2. 2 Whether the penalty imposed on the appellant was justified in law?

Ratio Decidendi

The disciplinary enquiry was vitiated due to non-supply of list of witnesses and copies of documents to the appellant, constituting denial of fair opportunity and breach of statutory rules and principles of natural justice, thus rendering the findings perverse and penalty unjustified. The proper remedy is reinstatement with full back wages subject to deduction of pension received.

Court Disposition

Appeal allowed

Orders

  • Order of Division Bench imposing penalty of reduction of one increment for one year set aside
  • Order of Single Judge granting reinstatement restored and modified: reinstatement with full back wages for the period from date of removal till date of superannuation, with deduction of pension received from the back wages