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july 1990

Supreme Court of India · 1990-07-18

STATE BANK OF INDIA & ORS. ETC. vs S. VIJAYA KUMAR & ORS. ETC.

Citation / case number
SC 1990/77001
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA & ORS. ETC.
Respondent
S. VIJAYA KUMAR & ORS. ETC.
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that the Chief General Manager of the State Bank, by virtue of the retrospective amendment to Regulation 55(2)(a), became the appointing authority and thus had the competence to dismiss employees. The Court clarified that under Article 311(1) of the Constitution, the right of an employee is that dismissal cannot be executed by an authority lower than the appointing authority. The appeals by the State Bank were allowed, and the cases were remanded to the High Court for further proceedings.

STATE BANK OF INDIA & ORS. ETC. vs S. VIJAYA KUMAR & ORS. ETC. · Niyam