VidhiSangh

Supreme Court of India · 03/10/2018

THE UTTAR BIHAR GRAMIN BANK & ORS. versus NARENDRA KUMAR SINHA

[2018] 12 S.C.R. 751 · 2018 INSC 924

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Summary

The Supreme Court allowed the bank’s appeal and restored the dismissed employee’s writ petition for a fresh decision by the Single Judge. The Single Judge had rejected one of three disciplinary charges and set aside dismissal without examining the other two charges found proved in the enquiry. The Division Bench compounded the error by sending the matter to the disciplinary authority. Both High Court orders were set aside; the merits of all charges remained for determination in the writ petition.

Issues

  1. Whether the High Court could set aside dismissal and remit the disciplinary matter after examining only one of three charges.
  2. Which forum should decide the unresolved challenge to the disciplinary action.

Held

Result

Bank’s appeal allowed; Single Judge and Division Bench orders set aside; employee’s writ petition restored for fresh merits determination, preferably within six months. Connected employee appeals disposed of.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 751.