G DANIEL Vs. KOLLAM DISTRICT CO-OPERATIVE BANK

JUDGEMENT

(1.) The petitioner retired as Deputy General Manager, from the respondent bank, after 34 years of service on 31.5.2009. The petitioner claims full retirement benefits and the service benefits which he is entitled to. The non payment of the benefits are on the ground of an enquiry pending against the petitioner, against actions of the petitioner causing loss to the Bank.

(2.) In the financial year 2006-07, the petitioner was suspended on grounds of allegation of loan sanction having been carried on, without obtaining sufficient security for the amounts disbursed. Though the petitioner was suspended from service, nothing transpired in the enquiry proceedings. Hence the petitioner was before this Court in a writ petition, which by judgment dated 18.3.2008 directed payment of subsistence allowance. It was also directed to complete disciplinary proceedings within six months therefrom.

(3.) The disciplinary proceedings having not been effectively proceeded with and since the petitioner's retirement was fast approaching, the petitioner again approached this Court by W.P.(C) 28544/08. By Ext. P3 judgment, the petitioner was directed to be reinstated. This Court found that nothing had even then transpired in the enquiry proceedings. The claim for subsistence allowance though upheld in the earlier judgment, remained unpaid. Ext. P3 judgment, referred to the principle underlining the payment of subsistence allowance and reiterated the earlier direction to pay the same. The disciplinary proceedings were also directed to be concluded on or before 31.12.2008, especially noticing the date of retirement of the petitioner; falling on 31.5.2009.