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Supreme Court of India 2019-07-25 allowed

State Bank of India & Ors vs Atindra Nath Bhattacharyya & Anr

Bench: 2 — Hemant Gupta

In Brief

A bank Chief Manager was charge-sheeted for financial irregularities and fraud during his tenure. After inquiry found ten of sixteen charges proved, the bank imposed removal from service. The High Court's Single Bench set aside this removal for lack of a second show-cause notice before penalty, but the Division Bench directed the bank to grant another hearing. The Supreme Court held that since the employee had deliberately declined multiple opportunities to respond (three separate notices in March and April 2016), no further opportunities could be compelled. The Court upheld the removal order, finding the allegations of financial irregularities running into crores of rupees sufficiently grave, and rejected the principle that 'justice demands' repeatedly renewed opportunities when an employee actively refuses to participate in disciplinary proceedings."

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