Rajasthan HC quashes Punjab National Bank’s decision to compulsory retire senior manager for six-month absence

Calling the punishment of compulsory retirement imposed on her “harsh”, the Rajasthan High Court has set aside the penalty awarded to a Senior Manager of Punjab National Bank in 2015

Calling the punishment of compulsory retirement imposed on her “harsh”, the Rajasthan High Court has set aside the penalty awarded to a Senior Manager of Punjab National Bank in 2015 for being wilfully absent for six months and directed it to reinstate her forthwith without any back wages from the date of her compulsory retirement till reinstatement.

"This court is of the considered view that there must be fairplay in all administrative decisions, particularly in the matter of imposing punishment, when it takes away the very livelihood of the employee, which is not only going to affect him /her, but also affect his /her family members,” said Justice Anoop Kumar Dhand.

The doctrine of proportionality is thus a well recognised concept of judicial review and if it is found that the punishment is disproportionate, then it remains open for the court to interfere under its limited scope of judicial review, the court observed.

The court was hearing the petition challenging the compulsory retirement order of the Punjab National Bank imposed on the senior manager, who was transferred from Alwar to Jaipur branch in 2014. The petitioner could not join the Alwar branch and she remained absent for about six months i.e. from April, 2014 to November, 2014.