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IRSHAD ALI
Virendra K Singh Chauhan – Appellant
Versus
State Of U. P. Thr. Prin Secy Co Operative – Respondent
JUDGMENT :
1. Heard Sri Desh Deepak Singh, learned counsel for the petitioner, learned Additional Chief Standing Counsel for respondent No.1- State and Sri Balram Yadav, learned counsel for respondent Nos.2&3.
2. The present writ petition has been filed before this Court seeking a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.02.2007 (Annexure No.1) passed by respondent No.3 and order dated 30.09.2003 (annexure-5) with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 to release the amount of Rs.42,403/-along with interest of 14% that has been illegally deducted in respect of loan case of Sri Ishaq Ali.
3. Brief facts of the case are that the petitioner was working as Branch Manager in U.P. Sahkari Gram Vikas Bank Ltd., who after completion of service on attaining the age of superannuation retired from service on 31.12.2001.
4. The petitioner filed Writ Petition No.1840 (S/B) of 2001 before this Court against his date of superannuation fixed by the bank at the age of 58 years and claimed parity of 60 years in parity with government employees. The writ petition was admitted and an int
There is also no provision for conducting a disciplinary enquiry after retirement of the appellant and nor any provision stating that in case misconduct is established, a deduction could be made from....
There is also no provision for conducting a disciplinary enquiry after retirement of the appellant and nor any provision stating that in case misconduct is established, a deduction could be made from....
Disciplinary proceedings cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
Disciplinary proceedings cannot be continued after an employee's retirement to withhold retiral benefits unless specific service regulations explicitly provide for such post-retirement continuation.
Amendments to regulations cannot apply retrospectively to actions taken before their enactment, but an employee's undertaking may allow for recovery in certain circumstances.
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