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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kardak Ete
Nagendra Lal Choudhury, S/O. Lt. Dr. Jogendra Mohan Choudhury – Appellant
Versus
United Commercial Bank, Rep. By The Chairman And Managing Director – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. A. Dasgupta, learned Senior Counsel assisted by Ms. B. Das, learned counsel for the petitioner. Also heard Mr. P.C. Goswami, learned counsel for all the respondents.
2. By instituting this writ petition, the petitioner has prayed for a direction to the respondent authorities to pay the retirement benefits like gratuity, pension, leave encashment, etc.
3. The case of the petitioner, in brief, is that he initially joined as a Clerk in the UCO Bank on 29.11.1971. Thereafter, he was promoted to Junior Management Grade-I in 1980 and then, to the Middle Management Grade-II in the year 1997. While the petitioner was serving as the Middle Management Grade-II Officer and posted as Manager of Rangia Branch of the said Bank, vide order dated 25.08.2007, a show cause notice was issued to the petitioner to explain as to why disciplinary action should not be initiated against him for certain irregularities. It is alleged that despite transfer from Rangia Branch to Rajgarh Road Branch and being relieved, continued to work as Manager and irregularly sanctioned some loans by violating the Bank’s guidelines, thereby, exposing the Bank to serious financial risks. The d
An employee removed from service due to misconduct is entitled to superannuation benefits as per Bipartite Settlement, despite delays, which justifies additional interest on unpaid dues.
An employee removed from service is entitled to pension and terminal benefits if eligible under the rules, despite conflicting provisions in the Bipartite Settlement.
Disciplinary removal does not forfeit pension entitlement due to regulatory amendments; dual punishment is against principles of fairness.
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.
(1) Workman would be entitled to receive terminal benefits for the period of service he had rendered.(2) Punishment – Modified penalty as imposed by Appellate Authority will attain finality if it is ....
An employee inflicted with the punishment of removal from service is entitled to superannuation benefits as per the Memorandum of Settlement, despite the provisions of the Pension Regulations.
The right to receive pension is a constitutional right under Article 300A, and cannot be withheld without lawful authority.
An employer cannot recover amounts from retiral benefits unless explicitly authorized by service regulations.
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