IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Amarendra Narayan Singh - Petitioner
Versus
Indian Overseas Bank, through its General Manager (Personnel), Pension Cell – Respondent
W.P.(S) No. 1804, 1810, 1766, 1816 of 2018
Decided on : 19-08-2019
Service Law - Pension - Withholding - Merely because petitioners had opted Pension Scheme and other similarly situated persons had opted CPF, no double standard ought to have been adopted by respondents, which amounts to discrimination - Parity has to be maintained in cases of awarding punishment - Respondents have passed impugned orders without affording any opportunity of hearing and without even issuance of any show-cause - Pursuant to order of conviction, withholding of pension of petitioners amounts to double jeopardy as petitioners have already been punished in Departmental Proceedings and as such, on same charges/ same cause of action, petitioners cannot be punished again by withholding of pension on ground of conviction - Impugned orders set aside. (Paras 8 and 10)
ORDER :
Heard the parties.
2. Since the issue involved in the aforesaid cases are identical and as such, they are being disposed of by this common order.
3. The petitioners have approached this Court with the following prayers:-
(II) For direction upon the respective respondents to start making payment of current pension of the petitioners along with arrears of pension and further to make payment of cost of litigation along with appropriate compensation for mental agony.
(III) For direction upon the respondents to make the payment of Leave Encashment along with interest 12 % @ per annum on the entire amount due to be paid to the petitioner [in W.P.(S) No.1766 of 2018].
(IV) For direction upon the respondents to make payment of interest @ 12 % on the said arrears of pension from the due date till the date of payment and make payment of commutation of pension [in W.P.(S) No.1804 of 2018].
4. Sans details, the facts as averred in the writ petitions, in a nutshell is that the petitioners had been appointed to different posts in the Indian Overseas Bank and have rendered their services sincerely, diligently and to the full satisfaction of the respondents without there being any complaint whatsoever, save and except the present one narrated hereinafter. Some of the petitioners have been given regular promotion during their service period. However, in the course of service, the petitioners have been issued a chargesheet on 17.7.2000 for certain acts of omission and commission committed by them while working at Dhanbad Branch of Indian Overseas Bank. Thereafter, the Disciplinary Authority ordered enquiry in the said chargesheet and accordingly a departmental proceeding was initiated against the petitioners and simultaneously the matter was referred to the CBI and consequently a criminal case was instituted being Case No. R.C.-21(A)/1994-D against the petitioners and the same has also been proceeded. It is further case of the petitioners that during the pendency of departmental proceedings, some of the petitioners have superannuated and on conclusion of departmental proceedings, a punishment order dated 7.5.2003 had been issued to the petitioners in W.P.(S) No.1804/2018 and 1810/2018; whereby and whereunder the penalty of reduction in basic pay of five stages in the time scale of pay for a period of one year with further direction that the petitioners will not earn increment of pay during the period of such reduction and on the expiry of such period, the reduction will have the effect of postponing future increment of pay in terms of Regulation 4(f) of the Indian Overseas Bank Officers Employees (Discipline & Appeal) Regulation, 1976 as amended from time to time, has been inflicted upon the petitioners and vide punishment order dated 26.06.2003 against the petitioner in W.P.(S) No.1816 of 2018, whereby bringing down the basic pay by two stages in the scale of pay in terms of Clause 6 (C) of Memorandum of Settlement dated 10.04.2002 between the bank and workman has been inflicted and vide punishment order dated 19.10.2013 wit
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