S.K. GUPTA Vs. SARVA HARYANA GRAMIN BANK

JUDGEMENT

(1.) By this order, writ petition bearing Nos. CWP-4695-2014 as well as CWP-21107-2015 are being decided. Both the petitions have

(2.) been filed by the petitioner-S.K.Gupta retired Senior Manager Gurgaon Gramin Bank now Sarva Haryana Gramin Bank. In the present CWP-4695- 2014, the challenge is to the charge-sheet dtd. 6/4/2013 and order dtd. 4/7/2013 by which the inquiry officer was appointed to enquire into the allegations. In CWP-21107-2015, that too filed by the petitioner, prayer is for release of the pensionary benefits upon his retirement, which were being upheld by the respondents on account of disciplinary proceedings pending against the petitioner. For the sake of convenience, the facts as mentioned in the CWP-4695-2014 are being taken. As per the averment made in the writ petition, the petitioner joined the respondent-Bank on 21/3/1977 and he continued working there and retired from the services of the said Bank on 30/4/2012 as a Senior Manager. After retirement, the retiral benefit of the petitioner were not released. Ultimately, keeping in view certain irregularities, as were prima facie found against the petitioner, a departmental inquiry was initiated by serving a charge-sheet upon the petitioner on 6/4/2013 i.e., approximately after a period of one year from the date of his retirement. The said charge-sheeet is under challenge in the present writ petition.

(3.) This Court, while issuing notice of motion on 12/3/2014, stayed the proceedings in respect of the charge-sheet dtd. 6/4/2013. The order dtd. 12/3/2014 is reproduced as under;