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Supreme Court of India 2023-01-09 allowed

STATE BANK OF INDIA & ORS vs KAMAL KISHORE PRASAD

Bench: 2 — Krishna Murari, Bela M. Trivedi

In Brief

The State Bank of India dismissed an employee (Kamal Kishore Prasad) who was serving as a Branch Manager. The dismissal order faced legal challenges that dragged on for years, eventually staying the dismissal during appeals. The employee reached retirement age (superannuation) while the case remained pending in court. The Supreme Court later allowed the Bank's appeal and directed it to pass a fresh decision. The Bank then reimposed dismissal. The High Court set it aside, citing rules about continuing disciplinary proceedings post-superannuation. The Supreme Court held the High Court erred: since the disciplinary proceedings had already concluded (even though stayed), the rule requiring affirmative action did not apply. The Bank validly reimposed the original penalty after the Supreme Court's directions. Appeal allowed.

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Administrative Law Disciplinary Proceedings Service Law Banking Regulation Superannuation Civil Service

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