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ABHAY S. OKA, UJJAL BHUYAN
UCO Bank – Appellant
Versus
Vijay Kumar Handa – Respondent
JUDGMENT :
UJJAL BHUYAN, J.
Heard learned counsel for the parties.
2. This appeal by special leave is directed against the judgment and order dated 11.01.2017 passed by the High Court of Punjab and Haryana at Chandigarh (briefly ‘the High Court’ hereinafter) dismissing Letters Patent Appeal No. 1525 of 2016 preferred by the appellant.
2.1. Appellant herein is the United Commercial Bank (briefly ‘the Bank’ hereinafter).
3. By the judgment and order dated 11.01.2017, the letters patent appeal filed by the appellant Bank against the judgment and order of the learned Single Judge was dismissed by the Division Bench of the High Court. Learned Single Judge vide the judgment and order dated 14.03.2016 had allowed the writ petition filed by the respondent being Civil Writ Petition No. 2490 of 2014 by directing the appellant to process the case of the respondent for pension and to release the pensionary dues to him expeditiously.
4. Relevant facts may be briefly noted.
5. At the relevant point of time, respondent was serving as a Clerk in the appellant Bank. A charge memo dated 12.10.1998 issued by the disciplinary authority was served upon him, charging him with having indulged in acts of gross m
(1) Workman would be entitled to receive terminal benefits for the period of service he had rendered.(2) Punishment – Modified penalty as imposed by Appellate Authority will attain finality if it is ....
Disciplinary removal does not forfeit pension entitlement due to regulatory amendments; dual punishment is against principles of fairness.
Removal from service does not automatically forfeit pensionary benefits if the employee meets the qualifying service, emphasizing a harmonious interpretation of disciplinary and pension regulations.
An employee removed from service is entitled to pension and terminal benefits if eligible under the rules, despite conflicting provisions in the Bipartite Settlement.
(1) Disciplinary Proceedings – If extant service Rules/Regulations permit continuance of disciplinary proceedings, initiated against an officer/ employee before he had attained age of superannuation,....
An employee removed from service due to misconduct is entitled to superannuation benefits as per Bipartite Settlement, despite delays, which justifies additional interest on unpaid dues.
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