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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Bishnubrata Mishra – Appellant
Versus
Punjab National Bank, Zonal Audit Office – Respondent
| Table of Content |
|---|
| 1. writ petition filed to challenge disciplinary proceeding. (Para 1 , 2) |
| 2. arguments on maintainability of disciplinary proceedings after retirement. (Para 3) |
| 3. opposite party's contention regarding recovery of bank's loss. (Para 4) |
| 4. petitioner's rebuttal against opposite party's contention. (Para 5) |
| 5. court's decision to quash disciplinary proceedings. (Para 6) |
Judgment :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Mode.
2. The present Writ Petition has been filed inter alia with the following prayer:
The Petitioner therefore prays that your Lordships would be graciously pleased to admit this writ application, call for the records and after hearing the parties allow the same with cost and issue a writ/writs in the nature of certiorari/mandamus by quashing the disciplinary proceeding under Annexure-1 series as the same is barred under Regulation 48(2) of 1995 Regulation under Annexure-5 and without jurisdiction in view of the settled principles of law laid down by Hon’ble Supreme Court of India;
And pass any other order or orders as this Hon’ble court deems fit and proper;
And for this act of kindness, the Petitioner as in duty bound shall eve
Disciplinary proceedings cannot be initiated against a retired employee for events older than four years post-retirement, abiding by Regulation 48(2).
Disciplinary proceedings under service regulations against superannuated officers commence only on charge-sheet issuance, not show cause notice. Post-retirement continuation invalid; use pension regu....
The main legal point established in the judgment is that the initiation of disciplinary proceedings after an employee's retirement is subject to the provisions of the relevant pension and service reg....
Disciplinary proceedings against retired employees must be commenced within four years of the conduct, or they become invalid.
Disciplinary proceedings against a bank officer must be initiated with a formal charge-sheet before superannuation; otherwise, they are deemed illegal.
Order of removal or dismissal from service can be passed only when an employee is in service – If a person is not in employment, question of terminating his service ordinarily would not arise unless ....
The main legal point established is that the initiation of a departmental proceeding after an employee's superannuation, without issuing a memorandum of charge, is without jurisdiction and bias, rend....
Disciplinary actions initiated post-retirement lack jurisdiction, rendering related penalties unlawful. Proper protocols for issuing charge memos and penalties under applicable regulations must inclu....
Disciplinary charges against retired employees are limited to events occurring within four years prior to charge issuance, with their procedural rights fully protected.
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