Case Note & Summary
The case pertains to a writ petition filed by the respondent, Pankaj Srivastava, seeking compassionate appointment as a Clerk in Bank of India following the death of his father, an employee, on 28.07.2000. The bank rejected his claim relying on a Board Meeting letter dated 20.06.2002 which directed non-consideration of cases involving major penalty awarded or contemplated on account of fraud/forgery/misappropriation or vigilance angle/negligence. The bank contended that disciplinary proceedings were contemplated against the deceased employee at the time of his death, as a charge sheet was under preparation. The Single Bench of the High Court allowed the writ petition, directing the bank to consider the respondent's claim, and the Division Bench affirmed this decision. The Supreme Court, after examining Clause 10(iv) of the Scheme dated 17.03.1999 and the Board Meeting letter, held that mere preparation of a charge sheet without issuance does not constitute contemplation of major penalty. The Court noted that the deceased was not suspended, no charge sheet was issued, and there was no material to prima facie indicate that major penalty would have been awarded. The Court found that the bank's letter did not debar consideration in cases where disciplinary proceedings were merely pending or contemplated without specific allegations of fraud, forgery, misappropriation, or vigilance angle. Accordingly, the Supreme Court dismissed the bank's appeal, upholding the High Court's orders and directing implementation within four months.
Headnote
A) Service Law - Compassionate Appointment - Contemplation of Disciplinary Proceedings - Clause 10(iv) of Scheme dated 17.03.1999 - The deceased employee died on 28.07.2000; no charge sheet was issued, only alleged to be under preparation; the court held that mere preparation of charge sheet without issuance does not amount to contemplation of major penalty, and thus the dependent is entitled to consideration for compassionate appointment (Paras 6-9). B) Service Law - Compassionate Appointment - Bank of India Board Meeting Letter dated 20.06.2002 - The letter debars consideration only where major penalty was awarded or contemplated on account of fraud/forgery/misappropriation/vigilance angle/negligence; it does not bar cases where disciplinary proceedings were pending or contemplated but not resulting in such specific allegations; the court held that the letter does not apply to the present case as no such contemplation existed (Paras 8-9).
Issue of Consideration
Whether the respondent is entitled to compassionate appointment despite the alleged contemplation of major penalty proceedings against the deceased employee at the time of his death.
Final Decision
Appeal dismissed. The Supreme Court upheld the orders of the Single Bench and Division Bench of the High Court, directing the bank to implement the High Court order within four months from the date of the order.
Law Points
- Compassionate appointment
- Contemplation of disciplinary proceedings
- Major penalty
- Clause 10(iv) of Scheme dated 17.03.1999
- Bank of India Board Meeting letter dated 20.06.2002
