VidhiSangh

Supreme Court of India · 22/01/2021

INDIAN BANK AND ANOTHER versus MAHAVEER KHARIWAL

[2021] 1 S.C.R. 144 · 2021 INSC 39

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Summary

The Supreme Court upheld voluntary-retirement benefits for an Indian Bank officer whose request for shorter notice had been rejected without the assessment required by Regulation 29. He had been transferred abroad, rather than deputed, so the one-year service restriction on return did not apply. Although rejection was decided within the notice period, its illegality remained decisive. Later disciplinary proceedings could not survive the retirement recognized in this case.

Issues

  1. Whether the voluntary-retirement request complied with Regulation 29 despite seeking curtailment of notice.
  2. Whether the overseas-service restriction or timely issuance of the rejection sustained the bank’s refusal.

Provisions considered

Held

Result

Bank appeal dismissed without costs; the High Court’s quashing of the refusal and direction for voluntary-retirement benefits maintained.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 144.