P.D. Agrawal vs State Bank Of India & Ors on 28 April, 2006
19. Learned counsel for the appellant bank relied on P.D.Agarwal ..vs.. State Bank of India and others ((2006) 8 SCC 776), wherein it was held that "the validity of the disciplinary proceeding and/or justifiability thereof on the ground of delay or otherwise had never been raised by the appellant before any forum. It was not his case either before the Appellate Authority or before the High Court that by reason of any delay in initiating the disciplinary proceeding he had been prejudiced in any manner whatsoever. It may be true that delay itself may be a ground for arriving at a finding that enquiry proceeding was vitiated in the event it is shown that by reason thereof the delinquent officer has been prejudiced, but no such case was made out". But, in the present case, there was no delay in initiating disciplinary proceedings and, hence, this decision is not applicable to the case on hand.