State Bank of India v. D. Sudhakar
Case brief
What is this about?
This court modified a previous order regarding reinstatement and disciplinary enquiry. It directed reinstatement within two weeks, payment of salary from the previous order date, and extended the time to conduct disciplinary enquiry by eight weeks.
What did the court decide?
Reinstatement within 2 weeks; payment of salary from 14.06.2023; extension of disciplinary enquiry time by 8 weeks.
What the court decided
A compact analysis
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W.M.P. No.28353 of 2023
W.M.P. No.28353 of 2023 and
W.P. No.18447 of 2011
The modification petition has been filed praying for extension of time provided in vide order dated 14.06.2023 to conduct enquiry by a further period of 8 weeks to initiate disciplinary proceedings.
- On 14.06.2023, this Court had passed an order in W.P.No.18447
of 2011 disposing of the above writ petition with the following directions:
"7. For all the reasons stated above, the impugned orders dated 31.12.2020 and 29.06.2011 are set aside and the Respondents are directed to reinstate the petitioner in service. Liberty is however granted to the Respondent Bank to conduct enquiry in accordance with the Service Regulations against the alleged irregularities committed by the petitioner within a period of 8 weeks from the date of receipt of a copy of this order. The question of backwages and other benefits will be decided depending on the outcome of the enquiry to be conducted by the Respondent Bank/ Competent authority."
- However, the respondent is yet to be reinstated in service. The
learned counsel for the petitioners herein would submit that the respondent would be reinstated in service within a period of 2 weeks to which the learned counsel for the respondent acceded to. Further, a request was made
Issues for consideration
2 issues framed by the court
Whether the time for conducting disciplinary enquiry can be extended beyond the period initially granted.
Whether salary arrears from the date of the previous order should be paid to the respondent.
Parties & counsel
- respondent
PETITIONER
- petitioner
RESPONDENT
Coram
MOHAMMED SHAFFIQ
Case details
As recorded by the court registry
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