THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.28331 OF 2021

O R D E R

In this Writ Petition, the petitioner is seeking a Writ of Mandamus or any other direction declaring the action of the respondent bank stipulating a condition in the proceedings Ref.GR:O:306112:2018-19, dt.29.06.2018 that the petitioner is not entitled for commutation of provisional pension as illegal and arbitrary and in violation of Article 21 of the Constitution of India and to direct the respondents to consider the representations of the petitioner dt.11.07.2019, 28.02.2020, 03.09.2021 and 08.09.2021 and to permit the petitioner for commutation of pension as per Regulation 47 of the Indian Bank (Employees) Pension Regulations, 1995 and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner joined the respondent bank as a Probationary Officer in the year 1985 and thereafter, he was promoted to various posts including to the posts of Field Officer, Bank Manager, etc. He retired from service with effect from 30.06.2018 in the capacity of Senior Manager Scale-III. The petitioner was, however, not permitted to commute his pension and the petitioner was being paid only provisional pension. Therefore, the petitioner made several representations for the same, but since the same have not been considered, the present Writ Petition has been filed.

3. Learned Senior Counsel appearing for the petitioner submitted that the petitioner was permitted to retire with effect from 30.06.2018 and there was also a ‘No Due Certificate’ issued by the bank on 21.11.2015. It is submitted that while the petitioner was in service, there were certain allegations made against the petitioner and the bank had filed a complaint to the CBI dt.03.09.2012 against certain borrowers and the CBI had registered Crime No.Rc.14(E)/2012/CBI/EOW/CHENNAI and the petitioner was arrayed as Accused No.7 therein. The same is registered as C.C.No.16 of 2014 on the file of the Principal Special Judge for CBI Cases, Nampally, Hyderabad. He submitted that on the ground that the said C.C. is pending against the petitioner, the petitioner was not being permitted to commute a portion of the pension and the petitioner is being paid only provisional pension. He submitted that in the said proceedings even the gratuity was withheld. Therefore, the petitioner had approached the Authority under the Payment of Gratuity Act, 1972 and the petitioner was allowed payment of gratuity along with interest @ 10% per annum from the due dates. Since the petitioner was not being permitted to commute the pension but is being paid only the provisional pension, he filed the present Writ Petition.

4. The learned Senior Counsel appearing for the petitioner submitted that grant of pension to bank employees is governed by Indian Bank (Employees) Pension Regulations, 1995 and Regulation 28 contemplates classes of pensions, while Regulation 35 contemplates rate of pension. It is submitted that Regulation 41 contemplates commutation of pension which shows that an employee shall be entitled to commute for a lump sum payment of a fraction of his pension not exceeding 1/3^rd and Regulation 42 contemplates that the pension sanctioned would be subject to future good conduct and Regulation 43 contemplates to withhold or withdraw the pension. It is submitted that Regulation 43 prescribes that the competent authority may, by an order in writing, withhold or withdraw a pension or part thereof whether permanently or for a specified period, if a pensioner is convicted for a serious crime or criminal breach of trust or forgery or acting fraudulently or he is found guilty of misconduct and the Proviso to the said Regulation stipulates that part of the pension that is withheld shall not be reduced below minimum pension per month under the Regulations. It is submitted that Regulation 44 relates to the