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Supreme Court of India 2021-01-22 dismissed

Indian Bank and another vs Mahaveer Khariwal

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

Indian Bank appealed the High Court's decision setting aside its rejection of an employee's voluntary retirement application. The employee, a Chief Manager, applied for voluntary retirement in January 2004 requesting waiver of the mandatory three-month notice period. The bank rejected the application without detailed reasons. The Supreme Court upheld the High Court's decision, holding that the bank's rejection violated Regulation 29 of the Pension Regulations, 1995. The regulation requires the appointing authority to consider waiver requests on merits and demonstrate administrative inconvenience to justify rejection. The bank's bare rejection without reasoned analysis was unlawful. The Court ruled the employee validly retired, making subsequent disciplinary proceedings void. The appeal was dismissed.

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Labour and Industrial Law Service Law Pension Law Administrative Law Statutory Interpretation Voluntary Retirement

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