Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE/ORIGINAL JURISDICTION
CIVIL APPEAL NO(S). 3066 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 8392 OF 2017]
DINESH KUMAR GUPTA Appellant(s)
VERSUS
GENERAL MANAGER 1, STATE BANK OF INDIA & ORS. Respondent(s)
WITH
CONMT.PET.(C) NO. 1667 OF 2017
IN
SLP(C) NO. 8392 OF 2017
J U D G M E N T
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.
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.03.22
16:52:12 IST
Reason:
3. Mr. Rakesh Khanna, learned senior counsel
appearing for the Bank, submits that during the
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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.
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CONMT.PET.(C) NO. 1667 OF 2017
In view of the Judgment passed above, no orders
are required to be passed in this contempt petition.
The contempt petition is, accordingly, closed.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
March 20, 2018.
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ITEM NO.2 COURT NO.5 SECTION III-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 8392 of 2017
DINESH KUMAR GUPTA Appellant(s)
VERSUS
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.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
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
O R D E R
Leave granted in SLP (C) No. 8392 of 2017.
The appeal is disposed of and the contempt petition is closed
in terms of the signed non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)