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V. KAMESWAR RAO
V. K. Malhotra – Appellant
Versus
Union Bank Of India And Ors – Respondent
JUDGMENT
V. Kameswar Rao, J. - The present petition has been filed by the petitioner with the following prayers:
"In view of the foregoing submissions, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a) issue writ in the nature of certiorari or any other writ(s), order(s) or direction(s) quashing the charge-sheets dated 11.11.2009 and 31.05.2013 as also consequent illegal inquiry and Report dated 5.2.14 and orders dated 06.01.2015 and 28.05.2015 passed by the Respondent Nos. 2 and 3 as also show-cause notice dated 23.10.2015;
(b) issue writ in the nature of mandamus or any other writ(s), order(s) or direction(s) directing the Respondents to grant full pension as also other retiral benefits including leave encashment and gratuity w.e.f. 12.12.09 with interest;
(c) cost of this Writ Petition may kindly be also allowed in favour of the Petitioner and against the Respondents since the Petitioner has been suffering due to malafide and illegal actions of the Respondents;
(d) pass such other or further order(s) as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice."
2. The brief facts as noted fr
The court established that no chargesheet can be issued for events that occurred more than four years before its issuance, as per the Pension Regulations. Additionally, the court emphasized that the ....
Disciplinary proceedings against retired employees are barred if events occurred over four years prior to charge issuance; pension and gratuity cannot be withheld without proven moral turpitude invol....
Disciplinary charges against retired employees are limited to events occurring within four years prior to charge issuance, with their procedural rights fully protected.
1. Departmental proceedings cannot be continued and a penalty cannot be imposed after an employee has ceased to be in service, in the absence of a specific provision for continuation of the proceedin....
Charge sheets for disciplinary actions against pensioners must be initiated within four years of the misconduct; otherwise, they are invalid.
Disciplinary proceedings cannot be continued after an employee's retirement to withhold retiral benefits unless specific service regulations explicitly provide for such post-retirement continuation.
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