Bank of India & Ors. vs Pankaj Srivastava

Court

Supreme Court of India

Date

30 April 2024

Case No.

Civil Appeal No. 6837 of 2023

Result

Dismissed

Bench

J.K. Maheshwari, Sanjay Karol

Citation

[2024] 5 S.C.R. 1305 : 2024 INSC 538

Acts & Sections

Constitution

Issue for consideration

Whether there is relevant material on record that could be construed as contemplation of the disciplinary proceedings against the deceased employee which would prima facie result in award of major penalty, and thereby bar the Respondent’s claim for compassionate appointment.

Headnote

Compassionate Appointment – No relevant material to contemplate that the initiation of disciplinary proceedings would lead to prima facie award of major penalty prior to the death of the deceased employee:

Held: 1. Upon reviewing Clause 10(iv) of the Scheme prevalent for for grant of compassionate appointment vide Branch Circular No. 92/64 dated 17.03.1999 and the amended directions from the bank’s Board Meeting on 20.06.2002, it is clear that even if disciplinary proceedings against an employee were pending or under contemplation at the time of their death, which could prima facie lead to a major penalty, the dependents of the deceased employee are still not entirely excluded from consideration for compassionate grounds and it was subject to government approval. [Paras 6, 8, 9]

2. The court further noticed that the deceased employee was not placed under suspension, initiation, or contemplation of the disciplinary proceedings before his death and the chargesheet was also not issued. It is merely said that the chargesheet was under preparation. Therefore, in absence of any relevant material disclosed it cannot be presumed to be case of prima facie award of major penalty on account of contemplation of disciplinary proceedings. Claim for appointment of Respondent on compassionate ground directed to be considered by the Petitioner. [Paras 9, 10]

Order 1. Being aggrieved by the judgment of Single Bench, allowing the writ petition of the respondent and directing the bank to consider his claim for appointment on compassionate ground; confirmed in appeal by the Division Bench, this appeal has been preferred. 2. The facts in shorn are, the respondent filed a writ petition seeking directions to consider his case being eligible and grant compassionate appointment on the post of Clerk with immediate effect on account of death of his father during course of employment. Prayer was also made to quash the order dated 20.06.2002 issued by the ba

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