STATE BANK OF INDIA versus RAM LAL BHASKAR & ANR

STATE BANK OF INDIA versus RAM LAL BHASKAR & ANR

Since charge-sheet was issued while the respondent was in service, Rule 19(3) permitted continuation and conclusion of disciplinary proceedings after retirement, and High Court erred by re-appreciating evidence and quashing the dismissal; order of High Court is set aside.

Parties
Appellant: State Bank of India; Respondent No. 1: Ram Lal Bhaskar; Respondent No. 2: Anr.
Jurisdiction
India
Judgment Date
13 October 2011
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Disciplinary Proceedings, Jurisdiction After Retirement, Judicial Review Under Article 226 of Constitution
Service Law Disciplinary Proceedings Jurisdiction After Retirement Judicial Review Under Article 226 of Constitution

Case Brief

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Parties

State Bank of India

Appellant

Ram Lal Bhaskar

Respondent No. 1

Anr.

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether disciplinary proceedings can continue against a bank officer after retirement when charge-sheet was served during service
  2. 2 Whether High Court has jurisdiction to re-appreciate evidence and quash dismissal in Article 226 proceedings

Ratio Decidendi

Since charge-sheet was issued while the respondent was in service, Rule 19(3) permitted continuation and conclusion of disciplinary proceedings after retirement, and High Court erred by re-appreciating evidence and quashing the dismissal; order of High Court is set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court quashing dismissal set aside
  • No order as to costs