I MUTHUVEL Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) WRIT petition is filed under Article 226 of the Constitution of India for issuance of a WRIT of certiorarified mandamus, after calling for the concerned records from the respondents, quash the order of the second respondent dated 27.08.2008 bearing Ref.GMO:HRM: 1302:08-08 in so far as stating that the disciplinary proceedings will continue, the petitioner will not be entitled for the payment of retirement benefits till the disciplinary proceedings are completed and final order is passed and the charge sheet dated 22.04.2009 issued by the first respondent bearing Ref.No.GMO:DP: 856-04-09 as illegal, arbitrary, without jurisdiction and without authority and consequently direct the respondents to release all the terminal benefits to the petitioner such as gratuity, leave encashment, commuted value of pension, pension etc. along with interest at the rate of 18% from the date when it became payable and for cost.) The case of the petitioner is as follows: When the petitioner was working as an officer in the respondent bank, he was issued with a memo dated 21.08.2008, alleging certain irregularities in the loans sanctioned. On 27.08.2008., the petitioner submitted his explanation. He was to retire on 30.08.2008. On 27.08.2008 the impugned order was passed by the second respondent reserving their right to initiate departmental proceedings. It was also stated therein that the petitioner would not receive any retirement benefits till the disciplinary proceedings are completed and the final order is passed thereon. On 22.04.2009 charge sheet was issued asking him to give his explanation within 7 days. Challenging the charge sheet, the writ petitioner has filed the above petition for the above said prayer.

(2.) THIS court on 14.05.2009 directed the respondent Bank not to proceed further pursuant to the issuance of charge sheet dated 22.04.2009.

(3.) PER contra the learned counsel for the respondent Bank would contend that initiation of departmental proceedings would mean that issuance of show cause notice only and not issuance of charge sheet as contended by the learned counsel for the petitioner. He has very much relied on clause 20(3)(ii) of Union Bank of India (Officers) Service Regulations 1979 in this regard.