Nagendra Sharma v. The Managing Director and Ceo, Bank of India
Case brief
What is this about?
The Patna High Court modified a fresh dismissal order against a bank employee, reducing it to compulsory retirement. The court held that imposing dismissal after decades of proceedings was discriminatory and too harsh compared to a minor penalty given to a co-accused for identical acts.
What did the court decide?
The dismissal penalty was modified to compulsory retirement with effect from 06.12.2000; directed to calculate and disburse monetary benefits accordingly within four months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.310 of 2020 In
Civil Writ Jurisdiction Case No.17942 of 2019
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- The Managing Director and CEO, Bank of India, C-5, G-Block BKC, Bandra Kurla Complex, Bandra (East), Mumbai, Maharashtra-51.
- The Zonal Manager-Cum-Appellate Authority, Bank of India, Patna Zone, Chankya Place, 1st Floor, Birchand Patel Marg, Patna.
- The Assistant General Manager, Bank of India-Cum-Disciplinary Authority, Zonal Oficer, Patna Zone, Chanakya Tower, R.Block, Patna.
- The General Manager, Block of India, HRD, IR Division, Star House, C-5, G-Block BKC, Bandar Kurla Complex, Bandra (East). Mumbai, Maharashtra-51.
... ... Appellant/s
Versus
Nagendra Sharma Son of Subhash Singh Resident of Mohalla-Maurya Vihar Colony, Walmi Canal Road, Near Devi Asthan, Police Station-Phulwarisharif, District-Patna.
Issues for consideration
2 issues framed by the court
Whether imposition of dismissal penalty on the appellant Nagendra Sharma after multiple remands was discriminatory and too harsh compared to the minor penalty imposed on his co-accused.
Whether the penalty of dismissal should be modified to compulsory retirement to ensure parity in punishment for identical allegations arising from the same incident.
Parties & counsel
- petitioner
Nagendra Sharma
- respondent
Bank of India
Coram
P. B. Bajanthri
Case details
As recorded by the court registry
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