STATE BANK OF INDIA versus A.G.D. REDDY

STATE BANK OF INDIA versus A.G.D. REDDY

The Supreme Court held that the Enquiry Officer's findings and the Disciplinary and Appointing Authorities' decisions were supported by evidence as to failure to conduct periodical inspections and failure to complete formalities for creating equitable mortgage; the High Court erred in re-appreciating evidence and quashing the disciplinary order; the penalty of reduction to the lowest stage in Scale-I and treating the suspension period as suspension was sustainable and not disproportionate, and therefore the appeal was allowed and the High Court orders set aside.

Parties
Appellant: State Bank of India; Respondent: A.G.D. Reddy
Jurisdiction
India
Judgment Date
24 August 2023
Procedural Posture
Civil Appeal No. 11196 of 2011 / Judgment on Appeal
Outcome
Appeal allowed; orders of the High Court set aside; writ petition dismissed
Legal Topics
Misconduct, Onus of Proof, Periodical Inspection, Equitable Mortgage, Penalty, Severability of Charges
Service Law Disciplinary Proceedings Judicial Review Misconduct Onus of Proof Periodical Inspection Equitable Mortgage Penalty +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

State Bank of India

Appellant

A.G.D. Reddy

Respondent

Procedural Posture

Civil Appeal No. 11196 of 2011 / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred in quashing the disciplinary order and interfering with findings of the enquiry and disciplinary authorities
  2. 2 Whether there was evidence to sustain findings that periodical inspections were not conducted
  3. 3 Whether formalities for creating equitable mortgage were negligently not completed

Ratio Decidendi

The Supreme Court held that the Enquiry Officer's findings and the Disciplinary and Appointing Authorities' decisions were supported by evidence as to failure to conduct periodical inspections and failure to complete formalities for creating equitable mortgage; the High Court erred in re-appreciating evidence and quashing the disciplinary order; the penalty of reduction to the lowest stage in Scale-I and treating the suspension period as suspension was sustainable and not disproportionate, and therefore the appeal was allowed and the High Court orders set aside.

Court Disposition

Appeal allowed; orders of the High Court set aside; writ petition dismissed

Orders

  • Set aside the judgment and order of the Single Judge dated 12.11.2003 and the Division Bench dated 20.10.2010 in WA No.8085 of 2003
  • Dismissed Writ Petition No.29547 of 1997 filed by the respondent