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PANKAJ JAIN
Varinder Kalia – Appellant
Versus
Punjab Gramin Bank – Respondent
| Table of Content |
|---|
| 1. petitioner's employment and suspension details. (Para 1 , 2) |
| 2. respondents argue disciplinary action remains valid. (Para 3) |
| 3. court considers key questions in proceeding. (Para 4 , 5) |
| 4. legal interpretation of regulations on disciplinary proceedings. (Para 6 , 7 , 8) |
| 5. court quashes chargesheet; orders release of benefits. (Para 9 , 10) |
JUDGMENT
Pankaj Jain, J.
Varinder Kalia, the petitioner seeks writ in the nature of certiorari for quashing of order dated 30th of January, 2018 passed by respondent No.2 and the chargesheet served upon the petitioner vide Annexures P-3 and P-4.
2. Petitioner was serving as officer in the respondent-Bank and earned promotions to become Manager. He was appointed on 8th of January, 1985 and was due to retire on attaining the age of superannuation on 31st of January, 2018. 31st of January, 2018 being holiday on account of Guru Ravi Dass Jayanti he was relieved on 30th of January, 2018. Before the petitioner could be relieved he was served with the order of suspension on 30th of January, 2018 itself. Suspension order has been placed on record as Annexure P-1. Thereafter, Chargesheet was served upon the petitioner on 23rd of March, 2018.
Disciplinary proceedings against a bank officer must be initiated with a formal charge-sheet before superannuation; otherwise, they are deemed illegal.
Penalty – No disciplinary proceeding can be initiated after delinquent employee or officer retires from service on attaining age of superannuation or after extended period of service – When a departm....
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 initiated prior to superannuation may continue post-retirement if service regulations so provide. Penalties, including reduction in pay scale, are legally permissible and imp....
(1) Disciplinary Proceedings – If extant service Rules/Regulations permit continuance of disciplinary proceedings, initiated against an officer/ employee before he had attained age of superannuation,....
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
Disciplinary proceedings cannot be initiated against a retired employee for events older than four years post-retirement, abiding by Regulation 48(2).
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