S.B.I versus HEMANT KUMAR

S.B.I versus HEMANT KUMAR

The Supreme Court held that both reasons assigned by the Tribunal for striking down the departmental enquiry—failure to verify adjournment application and denial of an opportunity to lead rebuttal evidence—were wholly unreasonable. The respondent’s multiple admissions of guilt and lack of appearance did not amount to procedural unfairness that would vitiate the enquiry. The order of reinstatement was unsustainable and accordingly set aside.

Parties
Appellant: S.B.I.; Respondent: Hemant Kumar
Jurisdiction
India
Judgment Date
06 April 2011
Procedural Posture
Civil Appeal / Appeal Against High Court Decision Affirming Tribunal Award
Outcome
Appeal allowed
Legal Topics
Disciplinary Proceedings, Principles of Natural Justice, Misappropriation of Funds, Domestic Enquiry, Employee Dismissal, Reinstatement
Service Law Labour Law Disciplinary Proceedings Principles of Natural Justice Misappropriation of Funds Domestic Enquiry Employee Dismissal Reinstatement

Case Brief

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Parties

S.B.I.

Appellant

Hemant Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Decision Affirming Tribunal Award

Legal Issues

  1. 1 Whether the departmental enquiry against the respondent suffered from violation of principles of natural justice
  2. 2 Whether absence of opportunity to lead rebuttal evidence and Enquiry Officer’s duty to verify adjournment request rendered the enquiry defective

Ratio Decidendi

The Supreme Court held that both reasons assigned by the Tribunal for striking down the departmental enquiry—failure to verify adjournment application and denial of an opportunity to lead rebuttal evidence—were wholly unreasonable. The respondent’s multiple admissions of guilt and lack of appearance did not amount to procedural unfairness that would vitiate the enquiry. The order of reinstatement was unsustainable and accordingly set aside.

Court Disposition

Appeal allowed

Orders

  • The order passed by the High Court and the award made by the Tribunal are set aside.
  • No order as to costs.