Valmiki J. Mehta, J. (Oral)

1. This case is listed today as 15.11.2013 was declared a holiday.

2. By this writ petition, petitioner impugns the departmental proceedings commenced against him pursuant to the charge-sheet dated 15.7.2009. Petitioner pleads and contends that since the charge-sheet dated 15.7.2009 was being issued much after the petitioner took voluntary retirement on 24.7.2008, no departmental proceedings can be initiated after his voluntary retirement in terms of the impugned charge-sheet. It is also contended and pleaded that merely because a show cause notice was issued on 14.7.2008 cannot mean that departmental proceedings have been initiated prior to the retirement because departmental proceedings commenced only on issuing of the charge-sheet dated 15.7.2009 and not on issuing of the show cause notice dated 14.7.2008 as per the judgment of the Supreme Court in the case of UCO Bank & Anr. Vs. Rajinder Lal Capoor (2008) 5 SCC 257.

3. Counsel appearing for respondent no.1-bank contends that there is power to withhold the retirement benefits including pension by the bank once departmental proceedings have commenced in terms of a show cause notice dated 1