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2020 Supreme(Ker) 390

SATHISH NINAN
Satheesan M. P. – Appellant
Versus
Kannur District Co-Operative Bank – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.N. Mohanan, Sri. C.P. Sabari, Advs.
For the Respondent: Sri. M. Sasindran, Adv. Sri. P.B. Sahasranaman, Sri. T.S. Harikumar, Adv.

JUDGMENT :

Twin fold reliefs are claimed in this writ petition; challenging disciplinary proceedings initiated as per Ext.P3 memo of charges, and seeking disbursement of pensionary benefits.

2. Heard Sri. P.N. Mohanan, learned counsel for the petitioner; Sri. M. Sasindran, the learned counsel for respondent 1 and 2, and Sri.P.B.Sahasranaman, learned counsel for the third respondent. Also perused the counter affidavit filed by the respondents.

3. The petitioner retired from the services of the first respondent on 31.12.2018 as Senior Manager. On 29.12.2018, the petitioner was suspended from service. Thereafter Ext.P3 memo of charges dated 08.04.2019 was issued to the petitioner. He challenges the disciplinary proceedings on two grounds-(i) Disciplinary proceedings cannot be initiated after his retirement. (ii) The signatory to Ext.P3 charge memo is not competent to issue the same.

4. As noticed supra, though the petitioner retired from service on 31.12.2018, Ext.P3 Memo of Charges is issued only on 08.04.2019 i.e. subsequent to his retirement. It is trite that disciplinary enquiry is deemed to commence on the issuance of memo of charges (See Union of India v. K. V. Jankiraman (AIR 1991

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