SALIAN S T Vs. SYNDICATE BANK

JUDGEMENT

(1.) THE petitioner in this case is seeking for issuance of writ of certiorari to quash annexure-F dated January 29, 1992, urging the various legal contentions. The undisputed facts are that, the petitioner ought to have retired from service by attaining the age of superannuation with effect from July 31, 1989. The respondent-bank, Under Regulation 20 (3) (c) of the Regulations, extended the service of the petitioner and the petitioner was not permitted to retire on his attaining the age of superannuation and the services were retained until the enquiry against the petitioner in respect of certain charges were concluded and on passing the final order in that regard. By order dated July 29, 1989, on the ground that the disciplinary proceedings were completed against the petitioner subsequent to that order the disciplinary authority passed an order of suspension on July 29, 1989, suspending him from service for the reason that disciplinary proceedings were pending against him and the charge-sheet was issued on the same day. Pursuant to issuance of the charge-sheet dated July 29, 1989, enquiry was conducted by the enquiry authority under the Syndicate Bank Officer Employees' (Conduct)Regulations, 1976, and the Syndicate Bank Officer Employees' (Discipline and Appeal)Regulations, 1976 (in short "the Regulations" ).

(2.) AFTER conclusion of the enquiry proceedings by the enquiry authority, the respondent-bank represented by its Executive Director passed an order on January 28, 1992, which is to the following effect:

(3.) SUBSEQUENT to this order, the General Manager has passed the impugned order dated January 29, 1992, which reads as under: "this is further to our letter No. PO:pas: 741:agm:pn:89,dated July 29, 1989, informing you that you were retained in the service of the bank, in terms of Regulation No. 20 (3) (c) of the syndicate Bank Officers' Service Regulations, 1979, in view of proceedings No. 93/po: iro/da-6 dated July 29, 1989, of the disciplinary authority keeping you under suspension. Now, that the disciplinary proceedings against you have been dropped and the order of suspension is revoked as per letter No. ll/po:ird/da-6, dated January 28, 1992, we are pleased to inform you that you are deemed to have retired from our service on July 31, 1989. We have requested the trustees of the Syndicate Bank Employees' Gratuity/provident Fund to release the eligible terminal benefits to you on retirement. Kindly pursue the matter with them. "