V C CHOWDARY Vs. INDIAN BANK

JUDGEMENT

(1.) Writ petition by an employee of first respondent-nationalized bank, questioning the legality of the disciplinary proceed-. ings in progress against the petitioner in terms of an articles of charge issued on 18-11-2006 (Annexure-K to the writ petition).

(2.) Petitioner has sought for quashing of this article of charge and has also sought for a further direction to the respondent-bank to formally relieve the petitioner from the services of the bank in terms of his request dated 22-6-2006 (Annexure-A) seeking for voluntary retirement as per Regulation 29 of the Indian Bank Employees' Pension Regulations, 1995 (for short, the Pension Regulations).

(3.) Petitioner has urged, inter alia, that when once the petitioner has issued notice seeking for voluntary retirement and in terms of the Regulation 29 of the Pension Regulations, it should be deemed to have operated after the expiry of three months from the date of receipt of the same, particularly, as the appointing authority has not passed any order refusing permission to retire and when the deemed provision operates on and after expiry of 90 days from the date of receipt of the letter dated 22-6-2006, the employer cannot take any action against a person like the petitioner, who has already retired from services of the bank in terms of the deeming provision and therefore the articles of charge dated 18-11-2005 will not have any consequence on the petitioner and the petitioner need not face any enquiry and on the other hand, the petitioner should be allowed to reap the benefits of the deemed retirement in terms of the Pension Regulations.