PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Virinder Pal Singh – Appellant
Versus
Punjab And Sind Bank – Respondent
Based on the provided legal document, here are the key points with their respective references:
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:
(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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(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,....
Disciplinary proceedings initiated prior to superannuation may continue post-retirement if service regulations so provide. Penalties, including reduction in pay scale, are legally permissible and imp....
Disciplinary proceedings against a superannuated employee can continue if initiated during service, provided due process is followed, and penalties must be proportionate to the misconduct.
Disciplinary actions initiated post-retirement lack jurisdiction, rendering related penalties unlawful. Proper protocols for issuing charge memos and penalties under applicable regulations must inclu....
Order of removal or dismissal from service can be passed only when an employee is in service – If a person is not in employment, question of terminating his service ordinarily would not arise unless ....
Disciplinary proceedings under service regulations against superannuated officers commence only on charge-sheet issuance, not show cause notice. Post-retirement continuation invalid; use pension regu....
Penalty – No disciplinary proceeding can be initiated after delinquent employee or officer retires from service on attaining age of superannuation or after extended period of service – When a departm....
Unless there exists an enabling provision either in the applicable service rules or any other provision of law it would not be open for the disciplinary authority to pass an order in respect of contr....
Disciplinary proceedings against a retired employee can continue if initiated during service; defining grave misconduct under pension rules does not require explicit mention in charges, as grave alle....
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