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2026 Supreme(SC) 287

PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Virinder Pal Singh – Appellant
Versus
Punjab And Sind Bank – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Vivek Singh, Adv. (Arguing Counsel) Mr. C.p. Rajwar, Adv. Ms. Udita Singh, AOR Mr. Rohan Chandra, Adv.
For the Respondent(s): Mr. Rajesh Kumar Gautam, AOR (Arguing Counsel) Mr. Anant Gautam, Adv. Mr. Deepanjal Choudhary, Adv. Ms. Likivi Jakhalu, Adv. Mr. Kushagra Nilesh Sahay, Adv.

Judgement Key Points

Based on the provided legal document, here are the key points with their respective references:

  • Continuation of Disciplinary Proceedings Post-Retirement: If extant service Rules/Regulations permit the continuance of disciplinary proceedings initiated against an officer/employee before they attained the age of superannuation, those proceedings can be continued and brought to their logical conclusion even after they have attained the age of superannuation (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
  • Implementation of Dismissal Punishment Post-Retirement: Where the ultimate penalty imposed is dismissal, there may be no technical difficulty in its implementation as it results in the forfeiture of pension and other retirement dues; consequently, the question of entitlement to pensionary benefits may not arise (!) (!) .
  • Implementation of Pay Reduction or Pension Adjustment: Where the punishment imposed results in a mere reduction or adjustment of pension, or recovery from post-retirement dues, the Court must consider whether such punishment is implementable post-retirement (!) (!) .
  • Implementability of Reduction in Pay Scale: A punishment involving a reduction in the pay scale (e.g., reducing by three stages on a permanent basis) can be implemented post-retirement because pension is computed based on the salary last drawn/payable, allowing the reduction to be factored into the pension calculation (!) (!) .
  • Nature of Bank Officer's Duty: A bank officer holds a position of trust dealing with public funds; sanctioning loans beyond one's power or failing to ensure the end-use of a loan constitutes financial irregularity exposing the bank to risk, and penal action for such charges cannot be questioned merely because no loss was suffered by the bank (!) (!) (!) .
  • Standard of Conduct: Employees of banks handling money for depositors/customers must discharge duties with utmost integrity, honesty, devotion, and diligence; any dereliction, whether by negligence or deliberate intention, constitutes misconduct (!) (!) (!) .
  • Merits of Inquiry Report and Perversity: The Supreme Court declined to examine the merits of the inquiry report or find perversity in the findings (specifically regarding the failure to ensure end-use of loans) because the appellant did not challenge these findings before the High Court, and the charge was logically proved based on cash withdrawals without supporting bills (!) (!) (!) (!) (!) .
  • Applicability of Service Regulations: Regulation 20(3)(iii) of the Punjab and Sind Bank Officers' Service Regulations permits the continuation of disciplinary proceedings initiated prior to superannuation, even though the officer ceases to be in service on the date of superannuation (!) (!) (!) .
  • Distinction Regarding Pension Regulations: While disciplinary proceedings can continue post-retirement under Service Regulations, substantive penalties like dismissal are generally imposed on serving officers; however, where the master-servant relationship ends, the focus shifts to the implementation of penalties regarding pensionary benefits under Pension Regulations (!) (!) (!) (!) (!) (!) .

JUDGMENT

MANOJ MISRA, J.

1. Leave granted.

2. This appeal impugns judgment and order of the High Court of Punjab and Haryana at Chandigarh1[High Court] dated 23.02.2023 in LPA No. 370 of 2018 which arose out of CWP No. 12865 of 2014.

FACTS

3. In brief, facts relevant for deciding this appeal are as follows:

    (i) The appellant while in service of Punjab & Sind Bank2[Bank] i.e., the first respondent was served a charge sheet on 30.09.2011, inter alia, on allegation of irregularities in disbursement of loans.

    (ii) On 30.09.2011 itself, the appellant superannuated from service. However, the disciplinary proceedings continued and one of the charges, namely, Charge No. 2, that is the appellant had failed to ensure the end use of the loan, was found partly proved. Consequently, vide order dated 15.06.2013, punishment of reduction by three stages in the time scale of pay, on permanent basis, was imposed upon the appellant.

    (iii) Aggrieved therewith, the appellant preferred an appeal before the Appellate Authority which was dismissed by order dated 19.04.2014. Thereafter, the appellant preferred a writ petition i.e., CWP No. 12865/2014 before the High Court, which was heard by a Single Judge Bench

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