D.B. MADAAN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) BY this writ petition, the petitioner who superannuated from the respondent -bank on 30.06.2007, impugns the departmental proceedings initiated against him in terms of the chargesheet post retirement dated 06.10.2008. Petitioner also prays for directions against the respondent no.1 - bank to make payment of the retiremental benefits alongwith interest.

(2.) THE following admitted facts in the present case be noted:

(3.) THE issue in the present case is squarely covered as per the ratio of the judgment of the Supreme Court in the case of UCO Bank and Anr. Vs. Rajinder Lal Capoor (2008) 5 SCC 257. This judgment holds that Regulation 20 (3) (ii) of the 1979 Regulations of the bank which provides for a deeming provision of commencement of the departmental inquiry on issuing of a show cause notice is limited to the type of proceedings envisaged under sub -Rule (1) of Regulation 20 of 1979 Regulations. What is thus held is that the benefits of Regulation 20 (3) (ii) of deemed commencement of disciplinary proceedings on issuing of a show cause notice proposing disciplinary proceedings does not enure for the benefit of the bank where no charge sheet is issued against the employer prior to his retirement for the disciplinary proceedings taken in terms of the 1976/1977 Regulations.