V C CHOWDARY Vs. INDIAN BANK

JUDGEMENT

(1.) THE unsuccessful writ petitioner in writ petition No. 17177 of 2006 is the appellant herein. For the purpose of convenience the parties are referred to with respect to their rank in the writ petition.

(2.) THE petitioner is an employee of the 1st respondent -nationalized Bank. He applied for voluntary retirement on 22.06.2006 as per the Indian Bank Employees Pension Regulation, 1995 (for short 'Pension Regulation') which provided for a deeming acceptance of the voluntary retirement scheme and consequential relieving from service of the 1st respondent -nationalized Bank after the expiry of three months of the date of receipt of the voluntary retirement. But the Bank by proceedings dated 11.09.2006 rejected the request for voluntary retirement. The petitioner made a further representation on 11.10.2006 again seeking voluntary retirement based on his earlier representation dated 22.06.2006 placing reliance on Regulation 29. The 1st respondent -Bank again by proceedings dated 02.11.2006 rejected the request of the writ petitioner for voluntary retirement. Thereafter, by proceedings dated 03.11.2006 the petitioner was posted from Chamarajapet Branch to Halasuru Branch as Senior Branch Manager. Following the same, the petitioner was served with the articles of charges by proceedings dated 18.11.2006. Aggrieved by these proceedings dated 11.09.2006, 02.11.2006, 03.11.2006 and 18.11.2006, the petitioner has filed the above writ petition praying for calling for the entire records in the above proceedings and to quash them as illegal, void and unsustainable and for a direction to the 1st respondent to issue a formal order of relief from the services of the Bank pursuant to letter dated 22.06.2006 and in terms of Regulation 29 of the Indian Bank Employees Pension Regulation, 1995 and settlement of all terminal benefits.

(3.) ACCORDING to the 1st respondent -Bank even as on the date of the letter submitting the voluntary retirement on 2206.2006, disciplinary action was already initiated against the writ petitioner as found from the very articles of charges dated 18.11.2006, where it is specifically mentioned that the Assistant General Manager, Circle Office, Ahmedabad by proceedings dated 19.11.2005 initiated disciplinary action against the petitioner which reads hereunder: