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Supreme Court of India 2025-01-27 partly_allowed

K. SAMBA MOORTHY vs SANJIV CHADHA & ORS

Bench: 2 — B.R. Gavai, K.V. Viswanathan

In Brief

An employee appointed as Probationary Officer in 1983 was promoted to Manager Scale-II in 1992. When he appeared for promotion to Manager Scale-III in 2000, his promotion result was kept in abeyance due to pending disciplinary proceedings. The inquiry officer was junior to the employee and was also competing for the same promotion, creating bias. The High Court's Single Judge set aside the disciplinary penalty and ordered 'consequential benefits'. The bank cancelled his 2001 promotion but granted him promotion in 2012. The Supreme Court held that promotion to Manager Scale-III from July 2001 (with interest at 6% per annum) falls within 'consequential benefits' and must be granted. The appeal was partly allowed, and the High Court's dismissal of the contempt petition was set aside.

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Employment Law Contempt of Court Disciplinary Proceedings Promotion Constitutional Law

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