In a significant legal decision, the Supreme Court dismissed an appeal, upholding the decision to recognize that a bank employee, U.P. Singh, has retired. The case revolves around U.P, Singh, a former Punjab National Bank employee appointed as a Clerk-cum-Cashier in 1977. His suspension in 1982 due to disorderly behavior led to the withholding of two graded increments. Despite instructions to relocate and report to a new location, Singh did not comply, resulting in his deemed voluntary retirement in 1984.

Although the Central Government Industrial Tribunal initially ruled in Singh's favor, the High Court later overturned this decision. Singh, now a practicing lawyer, presented his own case, arguing that the Disciplinary Authority had exceeded its powers by mandating his transfer and that the deemed retirement was unlawful. The Bank, represented by its counsel, highlighted Singh's history of non-compliance and misconduct, asserting the justification of the High Court's decision.

The recent Supreme Court judgment aligns with the stance taken by the High Court. Justices Hima Kohli and Rajesh Bindal criticized Singh's behavior in their judgment, pointing out, "The conduct of the workman is further evident from the communication dated 06.03.1984, addressed by him to the Chairman of the Bank, informing that he had gone on hunger strike from 06.03.1984 onwards due to the non-redressal of his grievances. Yet, he was smart enough not to furnish his address in the letter."

The Court emphasized Singh's legal training and accused him of attempting to entangle the Bank in unnecessary litigation rather than complying with orders. The Court noted, "The Bank, through an order dated 05.12.1984, in light of his conduct, deemed him to have voluntarily retired from service with immediate effect."

Affirming the High Court's decision, the Supreme Court concluded that Singh did not contest the punishment or transfer orders when initially issued, and his subsequent actions seemed to be an attempt to exploit legal loopholes. The Court stated, "For the aforementioned reasons, we do not find any error in the order issued by the High Court. The same is upheld."

Case: U.P. Singh vs Punjab National Bank

CIVIL APPEAL NO.5494 OF 2013.

Click to read/download Judgment.