UCO BANK & ORS. versus SUSHIL KUMAR SAHA

UCO BANK & ORS. versus SUSHIL KUMAR SAHA

The AGM of the erstwhile posting had jurisdiction to initiate and conduct disciplinary proceedings regarding irregularities committed at the previous branch, based on Regulations 5(1) and relevant circulars and notes. The High Court erred by adopting a narrow interpretation and quashing the disciplinary proceedings on jurisdictional grounds.

Parties
Appellant: UCO Bank & Ors.; Respondent: Sushil Kumar Saha
Jurisdiction
India
Judgment Date
15 October 2012
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Disciplinary Proceedings, Jurisdiction of Disciplinary Authority, Banking Regulations
Service Law Disciplinary Proceedings Jurisdiction of Disciplinary Authority Banking Regulations

Case Brief

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Parties

UCO Bank & Ors.

Appellant

Sushil Kumar Saha

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the disciplinary authority of the erstwhile place of posting, where irregularities were committed, could institute and complete disciplinary proceedings against officials, notwithstanding their subsequent posting under another authority.

Ratio Decidendi

The AGM of the erstwhile posting had jurisdiction to initiate and conduct disciplinary proceedings regarding irregularities committed at the previous branch, based on Regulations 5(1) and relevant circulars and notes. The High Court erred by adopting a narrow interpretation and quashing the disciplinary proceedings on jurisdictional grounds.

Court Disposition

appeal allowed

Orders

  • The judgment of the Division Bench of the High Court is set aside.
  • The punishment imposed by the AGM (Disciplinary Authority) is restored.