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SUREPALLI NANDA
Ch. Soma Narsaiah, S/o. Ilaiah Died – Appellant
Versus
Warangal District Cooperative Central Bank – Respondent
ORDER :
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. This petition is filed by the petitioner to declare the impugned action of the 2nd respondent in not releasing balance leave salary fixed deposit along with interest as totally illegal, without jurisdiction and in violation of Articles 14, 16, 21 and 300-A of the Constitution of India apart from being in violation of the 1st respondent Bank Employees Service Regulations and law laid down by the High Court of Andhra Pradesh and further direct the respondents to release the petitioner’s withheld leave salary fixed deposited along with interest with all consequential reliefs and benefits.
3. The case of the petitioner, in brief, is as follows:
a) The 1st respondent bank is a A.P. State partnered District Cooperative Central Bank established under the AP Co-operative Societies Act and is an instrumentality of the State within the meaning of the Article 12 of the Constitution of India. The petitioner lastly worked as Asst. General Manager and retired on attaining the age of superannuation on 28.02.2009. During 2005, it was brought to the knowledge of the petitioner about the alleged misappropriation
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 already initiated before retirement has to be allowed to be continued
Disciplinary proceedings against retired employees require explicit legal provisions; otherwise, retirement benefits cannot be withheld.
Disciplinary proceedings against retired employees must have legal authority as per statutory rules or provisions, and the absence of such authority renders the proceedings without jurisdiction.
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