VidhiSangh

Supreme Court of India · 22/04/2019

NARESH CHANDRA BHARDWAJ versus BANK OF INDIA & ORS.

[2019] 6 S.C.R. 240 · 2019 INSC 553

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Summary

The Supreme Court converted a bank officer’s removal from service to compulsory retirement on parity with two other officers disciplined for substantially identical loan irregularities. No mala fides had been proved, and the officers shared reliance on approved professional reports concerning the same fraudster. The proposed distinction based on pension versus provident-fund options lacked justification, especially since the Bank admitted that compulsory retirement and the compassionate allowance already granted would produce the same pension payment.

Issues

  1. When unequal disciplinary penalties justify judicial intervention on parity grounds.
  2. Whether the appellant’s role or pension option justified removal rather than compulsory retirement.

Held

Result

Appeal allowed, parties to bear their own costs. Removal from service converted to compulsory retirement.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 240.