AIROnline 2025 SC 31

Supreme Court Of India

Hon'ble Judge(s): Abhay S. Oka, Augustine George Masih , JJ

Banking Companies (Acquisition and Transfer of Undertakings) Act (5 of 1970) , S.19— Syndicate Bank Officer Employees (Conduct) Regulations (1976) , S.3, S.4(e), S.24— Dismissal from service - Challenge against - Allegations against delinquent that he had fraudulently withdrawn and misappropriated amount from certain accounts and also excess amount was paid to at least six customers - There was no factual dispute about correctness of illegalities and irregularities alleged in charge sheet - In view of delinquent's admissions and fact that documentary evidence was on record, it could not be said that it was a case of no evidence - Delinquent had thoroughly cross-examined officer examined as witness - Finding of High Court that principles of natural justice were not followed, was erroneous - Misconduct alleged and proved against delinquent was of a serious nature since very high standard of conduct was expected from a branch manager of a Bank - However, penalty of dismissal was disproportionate to misconduct established against delinquent and his unblemished career for a long time - Dismissal order was set aside - Order of penalty was modified, and it was directed that delinquent shall be subjected to a minor penalty under Regn. 4(e) by reducing him to a lower stage in time scale of pay for a period of one year, without cumulative effect and not adversely affecting his pension. Judgmen....