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SANJAY K. AGRAWAL
Ravindra Kumar Kukreja S/o Late Shri Raghuveer Pal Kukreja – Appellant
Versus
Chhattisgarh Rajya Gramin Bank – Respondent
ORDER :
Question involved:
1. The short question involved in the writ petition is, as to when a disciplinary proceeding is said to be initiated against the Bank officer in terms of Regulation 45(3) of the Regional Rural Bank (Officers and Employees) Service Regulations, 2010 (for short ‘the Regulations of 2010’) whether it is on formal framing and issuance of charge-sheet to the delinquent Bank officer seeking his explanation to the allegations made in the charge-sheet or mere decision by the Bank to initiate disciplinary proceeding would be sufficient for initiation of disciplinary proceeding in terms of the aforesaid Rule?
2. The aforesaid question arises in the following factual backdrop:
Relevant facts in brief:
3. The petitioner herein was subjected to notice/order dated 29-5-2014 (Annexure P-1) informing him by the respondent Bank that the Bank has taken decision to initiate disciplinary proceeding against him as per Regulation 45 of the Regulations of 2010 and before any formal charge-sheet is drawn and issued instituting disciplinary proceeding against him, he was allowed by the respondent Bank to superannuate on 31-5-2014. Thereafter, on 26-7-2014, formal charge-sheet was issue
Disciplinary proceedings against a bank officer must be initiated with a formal charge-sheet before superannuation; otherwise, they are deemed illegal.
The main legal point established in the judgment is that the initiation of disciplinary proceedings after an employee's retirement is subject to the provisions of the relevant pension and service reg....
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....
The main legal point established is that the initiation of a departmental proceeding after an employee's superannuation, without issuing a memorandum of charge, is without jurisdiction and bias, rend....
Disciplinary proceedings cannot be initiated against a retired employee for events older than four years post-retirement, abiding by Regulation 48(2).
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 ....
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