VidhiSangh

Supreme Court of India · 31/01/2022

UNITED BANK OF INDIA versus BISWANATH BHATTACHARJEE

[2022] 3 S.C.R. 988 · 2022 INSC 117

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld the setting aside of a bank officer’s dismissal for alleged loan and subsidy misappropriation. Scrutiny of the enquiry showed no evidence adequately linking him to the charges; an unproved confession by others could not establish his complicity. Limited judicial review permitted examining the record for absence of evidence and perversity. The bank was directed to calculate and pay consequential and terminal benefits within three months.

Issues

  1. Whether the High Court exceeded judicial review by scrutinising the disciplinary record for absence of evidence.
  2. Whether the material relied on could establish the employee’s complicity in the alleged misconduct.

Provisions considered

Held

Result

Bank’s appeal dismissed without costs; deemed reinstatement and calculation and payment of consequential and terminal benefits directed within three months, including pension fixation if admissible.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 988.