Bank of India Ordered to Consider Compassionate Appointment: Supreme Court Verdict
The case of Bank of India & Ors. vs. Pankaj Srivastava revolves around the issue of compassionate appointment following the death of an employee. The Supreme Court was tasked with determining whether the bank was justified in rejecting the respondent’s claim based on a charge sheet that was allegedly under preparation but never issued before the employee’s demise.
Background of the Case
The respondent, Pankaj Srivastava, filed a writ petition seeking a directive for the Bank of India to consider his application for compassionate appointment following the death of his father, who was an employee of the bank. He also sought to quash an order dated June 20, 2002, which denied his request.
The bank argued that under its policy, compassionate appointment could not be considered in cases where the deceased employee was facing or was likely to face a major penalty. The High Court ruled in favor of Srivastava, prompting the bank to appeal to the Supreme Court.
Key Legal Issues
- Whether compassionate appointment can be denied based on pending or contemplated disciplinary proceedings.
- Whether the charge sheet that was “under preparation” before the employee’s death constituted grounds for rejection.
- Interpretation of Clause 10(iv) of the Bank’s compassionate appointment scheme.
Arguments by the Appellant (Bank of India)
The bank opposed the claim for compassionate appointment, arguing:
“The Board of the bank, in its meeting held on June 20, 2002, directed that employment on compassionate grounds shall not be considered where major penalty was awarded, considered, or contemplated against the deceased employee due to fraud, forgery, misappropriation, or vigilance concerns.”
The bank contended that the deceased employee’s case fell within this category as a charge sheet was “under preparation” at the time of his death.
Arguments by the Respondent
The respondent countered that:
“No charge sheet was served upon the employee before his death, nor was he under suspension. Thus, disciplinary proceedings were neither pending nor contemplated in a manner that could have resulted in a major penalty.”
The respondent relied on the High Court’s reasoning that merely preparing a charge sheet does not amount to an actual disciplinary proceeding.
Supreme Court’s Analysis
The Supreme Court examined Clause 10(iv) of the bank’s policy, which distinguishes between minor and major penalties:
“In cases where disciplinary proceedings were pending or were under contemplation prior to the employee’s death, which would prima facie result in the award of a major penalty, the case for compassionate appointment has not been completely refused from consideration.”
The Court noted that the charge sheet was never issued and there was no record of the deceased being placed under suspension. The Court held:
“In the absence of relevant material, it cannot be presumed that a major penalty was contemplated against the deceased employee.”
Final Judgment
The Supreme Court upheld the High Court’s ruling and directed the bank to implement the order within four months, ensuring that the respondent’s application for compassionate appointment is duly considered.
Judgment Date: April 30, 2024
Judges: J.K. Maheshwari, Sanjay Karol
Petitioner Name: Bank of India & Ors..Respondent Name: Pankaj Srivastava.Judgment By: Justice J.K. Maheshwari, Justice Sanjay Karol.Place Of Incident: India.Judgment Date: 30-04-2024.
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