Superannuation Does Not Absolve Employee From Misconduct;Bank Employee Always Holds Position Of Trust

Case: United Bank of India v. Bachan Prasad Lal

Coram: Justices Ajay Rastogi and AS Oka

Case No.: Civil Appeal No(S). 2949 Of 2011

Court Observation: “​​In our considered view, looking into seriousness of the nature of allegations leveled against the respondent employee, the punishment of dismissal inflicted upon him in no manner could be said to be shockingly disproportionate which would have required to be interfered with by the Tribunal in exercise of its power under Section 11A of the Act 1947. At the same time, merely because the employee stood superannuated in the meanwhile, will not absolve him from the misconduct which he had committed in discharge of his duties and looking into the nature of misconduct which he had committed, he was not entitled for any indulgence. The Bank employee always holds the position of trust where honesty and integrity are the sine qua non but it would never be advisable to deal with such matters leniently.”

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