S.C. MISHRA Vs. BANK OF BARODA

JUDGEMENT

(1.) We have heard Sri Vikrant Pandey, learned counsel for the petitioner and Sri Ashok Trivedi, learned counsel for the respondents.

(2.) The petitioner was working as the Branch Manager and was issued a charge -sheet on 16th January, 2013. On 31st January, 2013, the petitioner retired on reaching the age of superannuation. Inspite of retiring from service the disciplinary proceedings continued in which the petitioner participated and eventually an order of penalty for recovery of an amount of Rs.50,000/= was passed against the petitioner on 31st March, 2014. The petitioner being aggrieved by this order has filed the present writ petition for its quashing and for refund of the amount so deducted.

(3.) The short contention raised by the learned counsel for the petitioner is that no disciplinary proceeding could continue against the petitioner after the petitioner retired upon reaching the age of superannuation. In support of his contention learned counsel for the petitioner has placed reliance upon the decision of the Supreme Court in Chandra Singh and others Vs. State of Rajasthan and another, 2003 6 SCC 545 and Anant Kumar Kulkarni Vs. Y.P. Education Society and others, 2013 6 SCC 515 and anther Division Bench decision of this Court in Rajya Krishi Utpadan Mandi Parishad & Anr. Vs. Public Service Tribunal, U.P. & Ors.,2008 1 LBESR 855.