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august 2009

Supreme Court of India · 2009-08-12

Bank Of India & Anr vs Bhimsen Gochhayat

Citation / case number
AIRONLINE 2009 SC 118
Court
Supreme Court of India
Petitioner
Bank Of India & Anr
Respondent
Bhimsen Gochhayat
Bench
Deepak Verma, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court upheld the High Court's decision to reinstate Bhimsen Gochhayat, who was initially dismissed from the Bank of India following a conviction under Section 468 IPC for forgery. The Court noted that the appellate court acquitted him due to insufficient evidence proving his involvement in the alleged fraud, thereby establishing that a conviction cannot be the sole basis for dismissal without a fair inquiry. The Court emphasized the importance of due process in disciplinary actions against employees, particularly in light of Article 21 of the Constitution, which guarantees the right to a fair trial.

Bank Of India & Anr vs Bhimsen Gochhayat · Niyam