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Supreme Court of India 2018-02-15 dismissed

UCO Bank & Ors vs Rajendra Shankar Shukla

Bench: 2 — Madan B. Lokur

In Brief

A bank employee was issued a charge sheet seven years after an alleged incident of issuing a cheque without adequate balance. Disciplinary proceedings continued after his superannuation, and he was dismissed from service. The High Court quashed the dismissal order. The bank appealed to the Supreme Court. The Court dismissed the appeal, holding that no substantive penalty like dismissal can be imposed after an officer's superannuation. The Court also found that the 7-year delay, denial of pension and subsistence allowance during inquiry, and the personal nature of the conduct violated the employee's right to fair opportunity and access to justice. Costs were awarded to the employee.

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Administrative Law Labour Law Employees' Rights Disciplinary Proceedings Access to Justice Superannuation Misconduct Procedural Fairness Financial Hardship in Litigation

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