Disposed

The Jaipur Thar Gramin Bank, v. Smt. Janki and Anr.

Rajasthan HC5 Dec 2022SAW/1567/2018

Case brief

AI extract

What is this about?

The High Court dismissed an intra-court appeal by the Bank against a Single Bench order reinstating a bank employee. The Court accepted the Bank's proposal to drop charges, pay back wages, and reinstate the respondent.

What did the court decide?

Directive to the appellant-Bank to reinstate the respondent in service forthwith and grant service benefits per the settlement proposal.

The Jaipur Thar Gramin Bank, Vs Smt. Janki… — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Spl. Appl. Writ No. 1567/2018

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The Jaipur Thar Gramin Bank, through its Chairman, 56 Sardar Patel Marg C-Scheme, Jaipur.

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The General Manager, Jaipur, Thar Gramin Bank, Through Its Chairman, 56 Sardar Patel Marg, C- Scheme, Jaipur (The appellants Bank presently Designated Rajasthan Marudhara Gramin Bank, Head Office, Tulshi Tower, 9^th B Road, Sardarpura, Jodhpur).

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----Appellants

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Versus

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Smt. Janki Paliwal W/o Sh. H.R. Paliwal, aged about 49 years, R/o Plot No.12, Light Industrial Area, Near Ram Mandir, G-Extension, Shastri Nagar, Jodhpur

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Surendra Bhardwaj presently working at Jaipur Thar Gramin Bank, 900/751 Pal Road, Jodhpur.

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----Respondents

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For appellant(s) : Mr. Nitin Ojha For Respondent(s) : Mr. Ravi Bhansali, Sr. Advocate, assisted by Mr. Vipul Dharnia

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR Order

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05/12/2022

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The present intra court appeal has been filed against the order dated 20.04.2018 passed by learned Single Bench whereby the orders dated 11.07.2005 and 03.10.2009 passed by the disciplinary authority and appellate authority respectively imposing penalty of dismissal from service upon respondent pursuant to the charge sheet dated 20.02.2001 were quashed and set aside. The learned Single Bench vide order dated 20.04.2018 was pleased to issue following directions:-

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“In light of aforesaid observation, the present writ petition is allowed. The impugned order of

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(2 of 3)

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[SAW-1567/2018]

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Appellate Authority dated 03.10.2009 and order passed by the Disciplinary Authority dated 11.7.2005 are quashed and set aside with liberty to the respondents to impose any minor punishment upon the petitioner as proposed in notice dated 05.05.2015. All consequential benefits, however, shall be given to the petitioner after a final decision is taken thereupon. It is made clear that the respondents shall not accede the punishment which was proposed in the notice dated 05.5.2002. Final decision shall be taken by the respondents in accordance with law within a period of sixty days from today. The petitioner shall be entitled for all consequential benefits as if she was never removed from service. However, she shall only be entitled for 25% backwages for the period she has not rendered service. Necessary compliance is required to be made within a period of three months from today.“

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Learned counsel for the appellant-Bank submitted that the appellant in the spirit of Lok Adalat vide letter dated 05.12.2022 informed the respondent that the appellant-Bank has decided to drop all the charges against her and will not press the pending charge sheet. Learned counsel further submitted that the appellant-Bank has also decided to pay a lump-sum amount of Rs.5 lacs to the petitioner in view of her entitlement for 25% backwages for the period, the petitioner remained out of service, without affecting her gratuity and pension as per Bank Rules and Regulations.

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Shri Ravi Bhansali, learned Senior Advocate appearing on behalf of the respondent apprised the Court that the respondent

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(3 of 3)

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[SAW-1567/2018]

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had accepted the proposal made to her by the appellant-Bank and therefore, the special appeal may be decided by taking note of aforesaid submissions made on behalf of the appellant-Bank.

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In view of aforesaid development, the present intra court appeal is disposed of with a direction to the appellant-Bank to reinstate the respondent in service forthwith by extending her the service benefits in terms of the proposal made to her vide letter dated 05.12.2022.

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No order as to costs.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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31-Prashant/-

The Jaipur Thar Gramin Bank, v. Smt. Janki and Anr.

Case brief

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The Jaipur Thar Gramin Bank, v. Smt. Janki and Anr.

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