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P. B. BAJANTHRI
Sachchida Nand Sahay – Appellant
Versus
Chairman, Uttar Bihar Gramin Bank – Respondent
P. B. BAJANTHRI, J.:–Heard learned counsels for the respective parties.
2. In the instant petition, petitioner has prayed for the following relief/reliefs:—
“That this is an application for issuance of writ/writs, order/orders, direction/directions to respondent no. 1 to pay the amount of post retirement benefits i.e. gratuity, Leave Encashment and retirement momento etc. after quashing the alleged Memorandum and charges issued by respondent no. 1, vide his memo No. HO/DAD/07/13-14/No. 216 dated 29.06.2013, 217 dt. 29.6.2013 and HO/DAD/07/14-15/No. 111 dated 28.05.2014 contained in Annexure-1, 2 and 10, E-Mail copy received by the petitioner in the afternoon of 25.06.2014 leveling second memorandum and chargesheet, after completion of Ist departmental proceedings which is everlasting story. In this way the petitioner is being unnecessarily harassed by the Respondents only with a view to delay the payment of retiral dues alongwith statutory and penal interest @ 12% per annum.”
3. The petitioner while working as Branch Manager was subjected to disciplinary proceedings in issuance of charge memo on 29.06.2013 and 28.05.2014. The petitioner submitted his explanation on 22.08.2013. It was
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....
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
Disciplinary proceedings against a retired employee are invalid unless initiated while still in service, requiring adherence to specified procedural norms.
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....
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