State Bank Of Mysore & Ors. Etc vs M.C.Krishnappa

2. The respondent - M.C. Krishnappa is an employee of the appellant - State Bank of Mysore. He was originally inducted in the service of the bank in the clerical cadre but at the material time, by virtue of promotions, he was 2 in the Junior Management Grade Scale-I. He was served with a charge sheet on September 25, 1990. The charges, in brief, were as under:-

3. The charges were duly established in a departmental enquiry following which the disciplinary authority passed the order of his removal from service on February 8, 1993. The respondent made an appeal against the order passed by the disciplinary authority but it was rejected by the appellate authority by order dated July 28, 1993. The respondent took the matter before the Reviewing Authority where he was able to partial relief. The Reviewing Authority, by order dated April 2, 1994, modified the respondent's punishment and reduced it from removal from service to demotion from the cadre of Junior Management Grade Scale-I to the cadre of clerk with a further bar against promotion for a period of seven years.

4. The respondent rejoined the service, accepting the punishment given to him in terms of the review order. But after the expiry of the period of 3 seven years, he moved the Karnataka High Court, challenging the punishment awarded to him, in Writ Petition No.40666 of 2001 (S-RES) which was partly allowed by judgment and order dated April 21, 2006 passed by a learned single judge of the High Court.

6. Having taken the view as appearing from the above, the single judge set aside the bar of promotion against the respondent for the period of seven years subject to the qualification, however, that the order will not affect the promotion of other employees and their seniority.

7. Against the judgment and order passed by the single judge both, the appellant (the bank) and the respondent, preferred intra-court appeals. A Division Bench of the High Court, however, dismissed both, Writ Appeal No.915 of 2006(S-RES) (filed by the respondent - Writ Petitioner) and Writ Appeal No.989 of 2006(S-RES) (filed by the appellants) by judgment and order dated July 19, 2007. The Division Bench did not find any illegality in the order passed by the single judge and rather agreed with the view taken by him that the punishment barring promotion for seven years was too harsh and that it required to be set aside.

8. We are unable to agree with the view taken by the High Court. It is well settled that punishment is primarily a function of the Management and the courts rarely interfere with the quantum of punishment. (See: Administrator, UT of Dadra & Nagar Haveli v. Gulabhia M. Lad (2010) 5 SCC 775; paragraphs 9 and 14).

10. We are, therefore, constrained to interfere in the matter. The judgments and orders of the High Court are set aside and the Writ Petition filed by the respondent is dismissed. The appeals arising out of SLP (Civil) Nos. 20719-20720 of 2008 are, accordingly, allowed. 6

11. It is made clear that the period of seven years during which the bar against the respondent's promotion was operating is long over. In case, after the expiry of the period of the bar the respondent is found fit for promotion in terms of the relevant rules he would undoubtedly be entitled to get it in accordance with law.

SLP (CIVIL) NO.15378 OF 2009

12. Delay condoned.

13. Leave granted.

14. In view of the order passed in civil appeals arising out of SLP(C) Nos.20719-20720 of 2008, this appeal stands dismissed.

July 6, 2011.