RAM BADAN TIWARI Vs. PANJAB NATIONAL BANK

JUDGEMENT

(1.) The petitioner, a retired employee of the Pubjab National Bank, has filed this application for a direction to the respondent-Bank to pay an amount of Rs 39, 400/-which has been deducted from out of his Contributory Provident Fund dues.

(2.) That petitioner's case is that on the verge of his retirement, a charge sheet dated 17-9-1990 (Anaexure-1) was issued to him by the Bank An enquiry was held and the Disciplinary Authority, respondent No 4, passed an order on 26-l2-1999 (Annexure-2) imposing upon the petitioner the minor penalty of recovery of Rs. 39,400-/ only from pay or such other amount as may be found due to him, on account of part pecuniary loss of Rs. 53, 400/- caused to the Bank due to his negligence. The petitioner retired from the Bank's service on 31-12-1990. However, the petitioner preferred an appeal before the appellate authority, which was rejected on 22-10-1992 and the order passed by the Disciplinary Authority, was confirmed. The said appellate order was communicated to the patitioner on 10-12-1992 vide Annexure-3 to the writ application.

(3.) According to the petitioner, the respondent-Bank has framed contributory provident fund scheme, which is called as "The Punjanb National Bank Employee's Provident Fund" and accordingly framed Rules thereto. The scheme of payment of pension is not applicable in the Bank's service and in lieu of the pension, on superannuation, an employee of the Bank is entitled to get the payment of contributory, provident fund balance as retiral benefit.