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SANJAY KUMAR MEDHI
Dehi Ram Baruah, S/o. Late Ganti Ram Baruah – Appellant
Versus
UCO Bank – Respondent
JUDGMENT :
The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is being sought to be invoked by means of this writ petition whereby the petitioner has put to challenge an order of penalty of Compulsory Retirement which has also been upheld by the Appellate Authority. The petitioner was an officer of the UCO Bank and the aforesaid penalty has been imposed after a Departmental Proceeding.
2. According to the projection made by the petitioner, he was working as a Clerk-cum-Cashier in the Mukalmua Branch of the UCO Bank against whom a Departmental Proceeding (DP) was initiated vide issuance of a charge sheet in the year 2004 which included two number of charges. In the said proceeding, the petitioner was found guilty in respect of one charge which was followed by an order of dismissal. The said order of dismissal was also confirmed by the Appellate Authority in the departmental appeal preferred by the petitioner.
3. The aforesaid actions were the subject matter of WP(C)/1106/2006. This Court vide an order dated 15.11.1010 had, however, set aside the order of dismissal. The Court had, however, remanded the matter with a direction for reinstat
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Period of service excluded due to unjust compulsory retirement must be counted for benefits upon reinstatement as per judicial directives, ensuring equitable treatment for employees.
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Retrospective penalties for compulsory retirement are impermissible and must align with the order date past which no previous penalty exists.
Government employees are ineligible for pension if their total qualifying service is less than ten years, and periods of suspension rightfully treated as extra-ordinary leave due to a confirmed crimi....
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