VidhiSangh

Supreme Court of India · 16/11/2021

THE CHAIRMAN, STATE BANK OF INDIA AND versus M. J. JAMES

[2021] 7 S.C.R. 373 · 2021 INSC 732

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Summary

The Court restored a bank manager’s dismissal, rejecting the claimed right to representation by an office-bearer from another bank. The Service Code confined union representation to employees of the Bank of Cochin; the manager had not requested a lawyer. His participation, failure to substantiate his defence and prolonged unexplained delay also defeated relief. Amounts released under the High Court judgment were ordered to be returned within six weeks, with interest upon default.

Issues

  1. Whether the Service Code entitled the employee to representation by a union office-bearer employed by another bank.
  2. Whether the inquiry caused actionable prejudice and whether delay, acquiescence and discretionary considerations barred relief.

Provisions considered

Held

Result

Appeal allowed; High Court judgment quashed, dismissal upheld and employee’s writ petition dismissed. Restitution ordered within six weeks, with 8% annual interest from judgment on default and liberty to enforce security; no costs.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 373.