Case Note & Summary
The petitioner, Lt. Cdr. Sanjay Barai, an officer of the State Bank of India, submitted his resignation on 16 January 2017. On 30 January 2017, the Bank issued a memorandum initiating disciplinary proceedings against him, but no charge-sheet was issued. The petitioner sought to have his resignation accepted and to be relieved from service. The Bank refused, relying on Rule 20(2)(b) of the State Bank of India Officers Service Rules, 1992, which states that disciplinary proceedings shall be deemed to be pending if a notice to show cause or charge-sheet has been issued. The petitioner filed a writ petition in the Bombay High Court at Goa. The Court examined the rule and noted that the Bank had only issued a memorandum, not a charge-sheet. The Court held that the deeming provision in Rule 20(2)(b) does not create an absolute bar against acceptance of resignation before a charge-sheet is issued. The Court directed the Bank to accept the resignation and relieve the petitioner, allowing the petition.
Headnote
A) Service Law - Resignation - Pending Disciplinary Proceedings - Rule 20(2)(b) of State Bank of India Officers Service Rules, 1992 - The petitioner, an officer of the State Bank of India, submitted his resignation on 16/01/2017. The Bank issued a memorandum dated 30/01/2017 initiating disciplinary proceedings but no charge-sheet was issued. The Bank refused to accept the resignation citing Rule 20(2)(b) which deems disciplinary proceedings pending. The Court held that the rule only deems proceedings pending for the purpose of the rule and does not bar acceptance of resignation before a charge-sheet is issued. The Bank was directed to accept the resignation and relieve the petitioner. (Paras 1-5)
Issue of Consideration
Whether the State Bank of India can refuse to accept the resignation of an officer on the ground that disciplinary proceedings are pending under Rule 20(2)(b) of the SBI Officers Service Rules, 1992, when no charge-sheet has been issued.
Final Decision
The petition is allowed. The Bank is directed to accept the resignation of the petitioner and relieve him from service.
Law Points
- Resignation can be accepted even if disciplinary proceedings are pending
- provided no charge-sheet has been issued
- Rule 20(2)(b) of SBI Officers Service Rules
- 1992
- deemed pending disciplinary proceedings
- acceptance of resignation before charge-sheet
Case Details
2017 LawText (BOM) (02) 132
Writ Petition No. 185/2017
Anoop V. Mohta, Nutan D. Sardessai
A.D. Bhobe, Ms. S. Bhobe, S.D. Lotlikar, I. Agha
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Nature of Litigation
Writ petition challenging refusal to accept resignation due to pending disciplinary proceedings.
Remedy Sought
Setting aside disciplinary proceedings initiated vide memorandum dated 30/01/2017 and direction to consider resignation application dated 16/01/2017 and relieve the petitioner.
Filing Reason
The Bank refused to accept the petitioner's resignation on the ground that disciplinary proceedings were pending under Rule 20(2)(b) of the SBI Officers Service Rules, 1992.
Issues
Whether the Bank can refuse to accept resignation on the ground of pending disciplinary proceedings under Rule 20(2)(b) when no charge-sheet has been issued.
Submissions/Arguments
Petitioner argued that no charge-sheet was issued and the memorandum did not bar acceptance of resignation.
Respondent argued that disciplinary proceedings were deemed pending under Rule 20(2)(b) and resignation could not be accepted.
Ratio Decidendi
Rule 20(2)(b) of the SBI Officers Service Rules, 1992, which deems disciplinary proceedings pending for the purpose of the rule, does not create an absolute bar against acceptance of resignation before a charge-sheet is issued. The Bank cannot refuse to accept resignation solely on the basis of a memorandum initiating proceedings.
Judgment Excerpts
The relevant Rule 20(2)(b) of the State Bank of India Officers Service Rules, 1992 and Explanation as read and referred to by the parties and as necessary to decide the issue is reproduced as under:-
Disciplinary proceedings shall be deemed to be pending against an officer for the purpose of this rule if he has been placed under suspension or any notice has been issued to him to show cause why disciplinary proceedings should not be instituted against him or where any charge-sheet has been issued against him and will be deemed to be pending until final orders are passed.
Procedural History
The petitioner filed a writ petition in the High Court of Bombay at Goa challenging the Bank's refusal to accept his resignation. The Court heard the matter and delivered an oral judgment on 28 February 2017.
Acts & Sections
- State Bank of India Officers Service Rules, 1992: Rule 20(2)(b)
