RESERVE BANK OF INDIA Vs. RANA RAMDEO SINGH

JUDGEMENT

(1.) The appellant, Reserve Bank of India has challenged the order passed by the learned Single Judge dated 14th of February, 1995 in C.W.J.C. No. 12456 of 1993. By the impugned judgment the learned Single Judge allowed the writ-petition filed by the respondent, Rana Ramdeo Singh (hereinafter referred to as 'the writ petitioner') and set aside the order dated 31st of January, 1992, by which it was ordered to recover a sum of Rs. 5,000/- from the post-retirement benefits of the writ petitioner, as well as the appellate order dated 31st of July, 1993.

(2.) The writ petitioner was in the services of the Reserve Bank of India. He superannuated from the services appellant-Bank on 19th of May, 1986. It was after his superannuation, a some sort of proceeding was initiated and by letter dated 11th of June, 1986 followed by letter dated 24th of January, 1987. The writ petitioner was asked to show cause with respect to certain incident said to have taken place in the year 1984. The writ petitioner filed show cause reply. Whereinafter the impugned order dated 31st of January, 1992 was passed by the Bank. It was ordered to recover a sum of Rs. 5,000/- from the post-retirement benefits of the writ petitioner, being 50 per cent of purported loss of Rs. 10,000/-. On appeal, the appellate authority also rejected the appeal-petition of the writ petitioner by order dated 31st July, 1993.

(3.) The aforesaid order dated 31st of January, 1992 and appellate order were challenged by the writ petitioner in C.W.J.C. No. 12456 of 1993, which was allowed by the impugned judgment. The learned Single Judge held that there was no provision to proceed in a departmental proceeding and to punish after retirement, that too with respect stale allegation of the year 1984.