STATE BANK OF INDIA versus C.B. DHALL

STATE BANK OF INDIA versus C.B. DHALL

State Bank was empowered, under its statutory rules, to withhold sanction to retire and to forfeit its contribution to the provident fund, when disciplinary proceedings are pending or concluded, by virtue of Rules 20-A and 20-B of SBI (Supervisory Staff) Service Rules, 1975; respondent is entitled only to his own...

Source-derived case information.

Parties
Appellant: State Bank of India; Respondent: C.B. Dhall
Jurisdiction
India
Judgment Date
11 December 1997
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment Dated 22.8.83/2.9.83
Outcome
Appeal disposed of; impugned judgment of High Court set aside except to extent respondent entitled to his own pension fund contribution with interest.
Legal Topics
Retirement Sanction, Forfeiture of Provident Fund, Pension Rights, Disciplinary Proceedings, Statutory Validity of Service Rules
Service Law Retirement Sanction Forfeiture of Provident Fund Pension Rights Disciplinary Proceedings Statutory Validity of Service Rules

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Parties

State Bank of India

Appellant

C.B. Dhall

Respondent

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment Dated 22.8.83/2.9.83

Legal Issues

  1. 1 Permissibility of withholding retirement sanction and forfeiture of provident fund for erstwhile Imperial Bank of India employees
  2. 2 Applicability of State Bank of India (Supervisory Staff) Service Rules, 1975 (Rules 20-A and 20-B)
  3. 3 Right to pension and provident fund contributions upon cessation of service

Ratio Decidendi

State Bank was empowered, under its statutory rules, to withhold sanction to retire and to forfeit its contribution to the provident fund, when disciplinary proceedings are pending or concluded, by virtue of Rules 20-A and 20-B of SBI (Supervisory Staff) Service Rules, 1975; respondent is entitled only to his own pension fund contribution with interest, not to bank’s contributions.

Court Disposition

Appeal disposed of; impugned judgment of High Court set aside except to extent respondent entitled to his own pension fund contribution with interest.

Orders

  • Respondent entitled to his own contribution, if any, to the Pension Fund along with interest.
  • Impugned judgment set aside in all other respects.