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SUREPALLI NANDA
A. Satyam – Appellant
Versus
Waranagal District Cooperative Central Bank – Respondent
ORDER :
1. Heard the learned counsel for the petitioner and learned counsel for respondents.
2. The present Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the Respondents in continuing the alleged disciplinary enquiry after the retirement of the Petitioner on attaining the age of superannuation on 31.12.2012 and withholding the retirement benefits of 20 Months Gratuity and 240 days Leave Encashment on that ground as totally illegal, without jurisdiction and violative of Judgments of this Hon’ble High Court as well as Hon’ble Supreme Court reported in 1993 (3) SCC 666 and consequently to set aside the alleged enquiry against the petitioner and further direct the Respondents to release and pay the retirement benefits of 20 Months Gratuity and 240 days leave Encashment along with interest @ 24% on the delayed payment of said benefits to the petitioner.
3. The case of the Petitioner in brief, is as follows:
(b) Respondent bank has not paid petit
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.
Disciplinary proceedings initiated during employment must have express grounds for withholding retiral benefits, as defined by the corporate rules. Without such grounds, benefits cannot be withheld p....
An enquiry against an employee cannot be continued after superannuation in the absence of any provision permitting the same. Retiral benefits cannot be withheld unless the governing statutes or servi....
The main legal point established in the judgment is that the appellant was not entitled to withhold the leave encashment amount as a retiral benefit under Rule 25.13, and the respondent was not entit....
Disciplinary proceedings cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
Disciplinary proceedings against retired employees cannot continue without relevant service rules allowing such actions; withholding terminal benefits under these circumstances is illegal.
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