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MANGESH S. PATIL, SANDEEP V. MARNE
Ashok Wamanrao Bankar Since deceased through his LRs – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
Heard. Rule. It is made returnable forthwith. Mr. Ajay G. Talhar, learned advocate waives service for respondent no.1 and Mr. Prashant K. Nikam, learned advocate waives service for respondent nos.2 to 6. At their joint request the matter is heard finally at the admission stage.
2. By the present petition, the petitioner seeks implementation of the penalty order dated 25.11.2011 by paying him all superannuation benefits in the form of Pension, Provident Fund, Gratuity, Commutation of Pension and leave encashment etc., along with interest. During pendency of the present petition, the petitioner has expired and his legal heirs have been brought on record.
3. In the disciplinary enquiry held against the petitioner on the charge of misappropriation of amounts while functioning as Cashier in the respondent – Bank, following punishment was imposed on him.
An employee inflicted with the punishment of removal from service is entitled to superannuation benefits as per the Memorandum of Settlement, despite the provisions of the Pension Regulations.
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.
Discharge with superannuation does not equate to retirement; former employees punished by discharge are ineligible for pension benefits due to strict regulatory definitions.
(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 proceedings against a superannuated employee can continue if initiated during service, provided due process is followed, and penalties must be proportionate to the misconduct.
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