(Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
Dinesh Kumar Gupta ________________________________ Appellant
v.
General Manager 1, State Bank of India & Ors. ________ Respondent(s)
Civil Appeal No(s). 3066 of 2018 [@ Special Leave Petition (C) No. 8392 of 2017], decided on March 20, 2018
With
Conmt. Pet.(C) No. 1667 of 2017 in SLP(C) No. 8392 of 2017
The Judgement of the Court was delivered by
Kurian, J.:—
SLP (C) No. 8392 of 2017
1. Leave granted.
2. The appellant approached this Court, aggrieved by the rejection of his prayer for consideration of voluntary retirement under the rules. The High Court took note of the fact that the respondent – Bank was justified in not considering the applicant/appellant for voluntary retirement in contemplation of the disciplinary proceedings.
3. Mr. Rakesh Khanna, learned senior counsel appearing for the Bank, submits that during the pendency of this appeal, disciplinary proceedings have been concluded and a penalty of ‘lowering of one grade’ has been imposed on the appellant. It is also submitted that since the disciplinary proceedings have been concluded, it is open to the appellant to apply for voluntary retirement afresh, if so advised, in which case, his application can be processed by the Bank.
4. The learned counsel appearing for the appellant submits that there are some arrears of salary, allowances etc. We direct the Bank to clear the arrears of salary and allowances, if any, within a period of one month from today. Needless to say, the appellant shall complete the codal formalities in that regard.
5. We make it clear that in case the appellant chooses to pursue his remedy under the Rules against the punishment imposed on him, this Judgment shall not stand in the way of the appellant to pursue such remedy.
6. In view of the above, the appeal is disposed of.
7. Pending Interlocutory Applications, if any, stand disposed of.
CONMT. PET.(C) NO. 1667 OF 2017
8. In view of the Judgment passed above, no orders are required to be passed in this contempt petition.
9. The contempt petition is, accordingly, closed.
Petition for Special Leave to Appeal (C) No. 8392 of 2017
Dinesh Kumar Gupta _________________________________ Appellant
v.
General Manager 1, State Bank of India & Ors _________ Respondent(s)
(FOR EXEMPTION FROM FILING O.T. ON IA 1/2017 and IA No. 120157/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA No. 14414/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
WITH
CONMT. PET.(C) No. 1667/2017 in SLP(C) No. 8392/2017 (XI)
(FOR ADMISSION)
Date : 20-03-2018 These matters were called on for hearing today.
(Before Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
For Appellant(s) Mr. Surjadipta Seth, Adv.
Mr. Ajit Sharma, AOR
For Respondent(s) Mr. Rakesh Kumar Khanna, Sr. Adv.
Mr. Anil Kumar Sangal, AOR
Mr. Siddharth Sangal, Adv.
UPON hearing the counsel the Court made the following
Order
10. Leave granted in SLP (C) No. 8392 of 2017.
11. The appeal is disposed of and the contempt petition is closed in terms of the signed non-reportable Judgment.
12. Pending Interlocutory Applications, if any, stand disposed of.
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