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PANKAJ JAIN
Varinder Kalia – Appellant
Versus
Punjab Gramin Bank – Respondent
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. Counsel for the petitioner asserts that from the Regulations governing the service condition of the petitioner, it is evident that the disciplinary proceedings against the petitioner cannot be initiated after his retirement as on 30th of January, 2018 there was no chargesheet pending against the petitioner. He submits that merely service of suspension ord
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....
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....
(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).
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....
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 ....
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
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