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Service & Administrative LawSupreme Court of India

UCO Bank & Ors. v. Rajendra Shankar Shukla

Civil Appeal · 2018 INSC 145Decided 15 Feb 2018
Civil Appeal No. 2693 of 2013
Justice Madan B. Lokur · Justice Deepak Gupta

Background

Rajendra Shankar Shukla, a UCO Bank employee, was charge-sheeted in 1998, seven years after the alleged misconduct, for issuing a cheque for Rs. 3 lakh in favour of his brother despite having only about Rs. 1,000 in his account, among other charges. He was dismissed from service in 1999, shortly after he had already superannuated (retired on reaching the age limit), and the disciplinary proceedings continued post-retirement under a bank regulation that allowed this. Both a Single Judge and a Division Bench of the High Court ruled in Shukla's favour, quashing his dismissal, after which the Bank appealed to the Supreme Court.

Decision Breakdown

The Supreme Court upheld the High Court's decision and dismissed the Bank's appeal, holding that the dismissal could not be legally imposed on Shukla after he had already superannuated, only proceedings to withhold pension under separate Pension Regulations could have been initiated, not a dismissal penalty under the Conduct/Discipline Regulations. The Court also found the seven-year delay in issuing the charge sheet unexplained and unreasonable, especially since the Bank had promoted Shukla and allowed him to cross an efficiency bar during the very period it was contemplating action against him. Separately, the Court held that denying Shukla his pension and subsistence allowance throughout the inquiry deprived him of a fair opportunity to defend himself, since a person facing a departmental inquiry cannot be expected to meaningfully participate while financially starved. The Court relied on its own earlier rulings in similar UCO Bank cases confirming that dismissal cannot be imposed after superannuation under these regulations, and imposed Rs. 1 lakh costs on the Bank for persisting with the litigation despite settled law.

Lesson Learnt

An employer generally cannot impose a dismissal penalty on an employee who has already retired on superannuation, only pension-related consequences may follow in such cases, and denying a person facing disciplinary proceedings access to pay, pension, or subsistence allowance undermines their right to a fair defence.

UCO Bank & Ors. v. Rajendra Shankar Shukla – Legal Case Shots | LegalAware