IN THE HIGH COURT OF ALLAHABAD
SUNITA AGARWAL, VIKAS BUDHWAR, JJ.
M.S Rana - Appellant
Versus
Union of India And 2 Others - Respondents
SPECIAL APPEAL NO. 413 OF 2022.
Decided On : 07-07-2023
| Table of Content |
|---|
| 1. writ petition for pension benefits. (Para 2 , 3) |
| 2. appellant's disciplinary history. (Para 4 , 5 , 6) |
| 3. court's determination of punishment. (Para 11 , 12 , 13) |
| 4. adjustment of retirement benefits. (Para 36 , 37 , 38) |
| 5. judgment set aside and petition allowed. (Para 62 , 63) |
JUDGMENT
Sunita Agarwal, J.
Heard Sri M.S. Rana the writ petitioner/appellant in person, Sri Pankaj Rai and Sri Namit Srivastava learned Advocates appearing for the respondent bank.
2. This special appeal is directed against the judgement and order dated 20.4.2022 passed by the learned Single Judge in dismissing the Writ Petition No.27947 of 2018 ( M.S. Rana v. Union of India & others) filed by the appellant/petitioner namely MS. Rana. Sri MS. Rana, the appellant has appeared in person to argue the appeal. Shri Pankaj Rai and Sri Namit Srivastava have appeared for the respondent-bank. The writ petition, out of which the instant appeal has arisen, was filed with various reliefs amongst other as under:-
3. Besides the above, prayer was made for issuance of mandamus for award of interest on the arrears of pension and gratuity at the rate of 24% (compound interest) as also to award damages to the writ petitioner on account of culpable delay and harassment caused to him.
4. This case has a chequered history. The facts, in brief, relevant to decide the matter at hand are that the appellant/petitioner was suspended while working as an officer MMG Scale-III in Bank of Baroda. The charge sheet was served on him on 06.06.2002 and a order of removal of the appellant from service of the bank had been passed by the disciplinary authority on 05.08.2004. The order passed by the disciplinary authority was affirmed in appeal vide order dated 15.02.2005 passed by the departmental appellate authority. The appellant herein had preferred a Writ Petition No.30055 of 2005. During pendency of the said writ petition, the appellant had attained the age of superannuation on
An employee who successfully contests compulsory retirement is entitled to full benefits, including service time lost during the retirement, highlighting the judicial emphasis on proportionality in d....
Period of service excluded due to unjust compulsory retirement must be counted for benefits upon reinstatement as per judicial directives, ensuring equitable treatment for employees.
The main legal point established in the judgment is that the proceedings issued by the High Court were for the purpose of regularization of the petitioner's service and fixation of pension, and not f....
Service Matter - Suspension - Quashed - When impugned punishment order has been quashed, petitioner shall be restored back in a position which stood on date of passing such order which has been quash....
The recovery order and withholding of retiral dues without proper procedure and opportunity for the petitioner to be heard were illegal and arbitrary, and the petitioner was entitled to interest on t....
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
Compliance with employment regulations, authority of the disciplinary manager, and the petitioner's failure to represent his case and claim his dues were crucial in determining the outcome of the cas....
The main legal point established in the judgment is that the dismissal of an employee must be proportionate to the misconduct, and in this case, the court found the dismissal to be disproportionate a....
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.