8 years, 3 months ago

High Court Is Not A Disciplinary Authority: SC [Read Judgment]

The Supreme Court in Chief Executive Officer, Krishna District Cooperative Central Bank Ltd. and Another vs. K. Hanumantha Rao and Another, has set aside an impugned judgment of a division bench of the Andhra Pradesh High Court holding that decision qua the nature and quantum is the prerogative of the disciplinary authority and it is not the function of the high court to decide. The Supreme Court in Chief Executive Officer, Krishna District Cooperative Central Bank Ltd. and Another vs. K. Hanumantha Rao and Another, has set aside an impugned judgment of a division bench of the Andhra Pradesh High Court holding that decision qua the nature and quantum is the prerogative of the disciplinary authority and it is not the function of the high court to decide the same. The division bench of the high court in Hyderabad vide impugned judgment altered the said penalty of dismissal to that of stoppage of two increments for three years, giving by way of reason that there was no allegation of misappropriation by Rao and the accusation was lack of proper supervision, which held good against the top administration as well. The SC bench of Justice AK Sikri and Justice Abhay Manohar Sapre found the impugned judgment of the division bench of the high court to be unsustainable.

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