Supreme Court Digest of Recent Cases
(2006) 7 SCC 410

Service Law

Misconduct

— Penalty/Punishment — Proportionality — Gravity of misconduct — Determination of — Held, gravity of misconduct has to be measured in terms of the nature of misconduct — Long unauthorised absence (three years long in this case) of a bank officer holding a responsible post of Middle Management Officer, Grade II is detrimental to public interest — Hence, grave enough to warrant dismissal from service — High Court erred in holding that punishment of dismissal was disproportionate to the gravity of the said misconduct, (2006) 7 SCC 410-A

Service Law

Misconduct

— Conduct unbecoming of a responsible officer — Delinquent, a Middle Management Officer, Grade II in a Bank, required by several notices to attend the departmental enquiry against him — He ignoring the notices and not participating in the enquiry proceedings — Such conduct, held, unbecoming of a responsible officer holding the said position, (2006) 7 SCC 410-B

Service Law

Voluntary retirement

— Condition precedent for — Voluntary retirement from the service of Bank of India, held, is not automatic at the option of the employee — It has to be preceded by an exit interview in accordance with the Bank's OM dated 13-12-1993, (2006) 7 SCC 410-C



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