Oriental Bank of Commerce & Ors. Vs. S.S. Sheokand & Anr.
Service Law – Reduction in Rank/Promotion
Civil Appeal No. 3081 of 2006-Decided on 26-2-2014.
allowing the said Writ Petition filed by the respondent, a Senior Manager in the appellant-bank. That judgment and order quashed the disciplinary order passed by the appellant-bank reducing him in two stages in pay scale with cumulative effect and also directed that he be considered for further promotion….. When we come to the question of imposition of punishment on the respondent, what we find is that undoubtedly, there was a serious allegation against him, and as it has been held in the case of Disciplinary Authority-Cum-Regional Manager (supra), such acts could not be condoned….. we come to the issue of direction of the High Court to consider the respondent for promotion. The respondent was already in a post of a Senior Manager. He was seeking a promotion to a still higher position. Promotion as such, and in any case, to a higher post cannot be insisted as a matter of right….. Whereas the judgment and order of the High Court setting aside the punishment will remain, the direction to consider him for promotion, and give him benefits on that footing will have to be set aside, which we hereby direct. The respondent will however get the monetary benefits on the footing that the said punishment is quashed..read more
