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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Goutam Chandra Dey @ Goutam Dey – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. The petitioner through the instant writ petition expressing grievance assailed the disciplinary order dated 27.10.2014, the appellate order dated 25.03.2015 and the reviewing order dated 30.09.2015 whereby he was removed from service of the Punjab National Bank. Consequential relief is sought for grant of retiral benefits, including leave encashment and pension in terms of the Bipartite Settlement and the Bank Employees’ Pension Regulation, 1995.
2. The facts revealed the petitioner was appointed on 10.12.1984 as Manager- cum-Clerk-cum-Cashier in the respondent Bank, a Public Sector Undertaking, which by reason of majority Government shareholding constituted “State” within the meaning of Article 12 of the Constitution of India. His services were confirmed and upon promotion, he was posted as Incumbent-in-Charge of the Talai Branch, District- Murshidabad on 17.11.2011. The petitioner asserted that he was the sole functionary of the branch discharging multifarious responsibilities in the absence of support staff and was constrained to follow the practices of his predecessor no specific guidelines having been furnished by the superior authority.
3. O
Disciplinary removal does not forfeit pension entitlement due to regulatory amendments; dual punishment is against principles of fairness.
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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.
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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,....
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