Dinesh Kumar Gupta v. General Manager 1, State Bank of India
2018-03-20
KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR
body2018
DigiLaw.ai
JUDGMENT : Kurian, J. SLP (C) No. 8392 of 2017 1. Leave granted. 2. The appellant approached this Court, aggrieved by the rejection of his prayer for consideration of voluntary retirement under the rules. The High Court took note of the fact that the respondent – Bank was justified in not considering the applicant/appellant for voluntary retirement in contemplation of the disciplinary proceedings. 3. Mr. Rakesh Khanna, learned senior counsel appearing for the Bank, submits that during the pendency of this appeal, disciplinary proceedings have been concluded and a penalty of 'lowering of one grade' has been imposed on the appellant. It is also submitted that since the disciplinary proceedings have been concluded, it is open to the appellant to apply for voluntary retirement afresh, if so advised, in which case, his application can be processed by the Bank. 4. The learned counsel appearing for the appellant submits that there are some arrears of salary, allowances etc. We direct the Bank to clear the arrears of salary and allowances, if any, within a period of one month from today. Needless to say, the appellant shall complete the codal formalities in that regard. 5. We make it clear that in case the appellant chooses to pursue his remedy under the Rules against the punishment imposed on him, this Judgment shall not stand in the way of the appellant to pursue such remedy. 6. In view of the above, the appeal is disposed of. 7. Pending Interlocutory Applications, if any, stand disposed of. CONMT. PET.(C) NO. 1667 OF 2017 In view of the Judgment passed above, no orders are required to be passed in this contempt petition. The contempt petition is, accordingly, closed.