SUKHENDRA DUBEY S/O LATE BAIDYANATH DUBEY R/O NEW COLONY GANDHI CHAUK, PS & DISTT. Vs. THE BANK OF INDIA THROUGH ITS CHIEF MANAGER, MUZAFFARPUR ZONE PANKAJ MARKET, SARAIYAGANJ, PS

JUDGEMENT

(1.) Vide order dated 31.8.2004 contained in Annexure-7 the respondent-Bank of India has rejected the claim for payment of pension to the petitioner on the ground that Regulation 22 of the Bank Employees Pension Regulation, 1995 does not allow pension to employees who are either dismissed or removed from service or whose services were terminated or forfeited. Petitioner challenges this order alongwith yet another letter dated 3.7.2004, contained in Annexure-5. where similar kind of decision refusing grant of pension had been communicated to the petitioner. Petitioner started his career under the respondent-Bank as Sub-Staff on 1.12.1969 and was posted at Dehri-on Sone Branch initially. Later on, he was transferred to Bhagwanpur Branch in the district of Muzaffarpur. He earned promotion on the post of Clerk-cum-Cashier and was transferred from one branch to other. He was last posted at Sasaram Branch of the Bank. According to him he had good service record from the year 1969 till 2002.

(2.) On 22.10.2002 a memorandum of charges which is Annexure-1 to the writ application came to be issued against him. Five set of charges were drawn up, the details of which are available on record alongwith the memorandum of charge and an enquiry thereafter was held by the enquiry officer. The enquiry officer found ail the charges to be proved except charge No. 3. Based on the enquiry report the disciplinary authority imposed punishment of various kinds but the highest punishment was removal from bank's service. The punishment order is Annexure-4 and has certain significance for the dispute which has been raised in the present writ application. The punishment and the wordings thereof is being reproduced herein below for ready reference and appreciation:- <FRM>JUDGEMENT_191_LAWS(PAT)1_2009_1.html</FRM> All the aforesaid punishment will run concurrently the consolidated effect of which would be Removal from Bank's service with superannuation benefits as would be due otherwise under the rules or regulations and without disqualification from future employment in terms of para 6(b) of the Memorandum of Settlement dated 10.4.2002.

(3.) Accordingly, I hereby order that Shri Sukhendra Dubey is hereby imposed a punishment of Removal from Bank's service with superannuation benefit in consonance with para 6(b) of the Memorandum of Settlement dated 10.4.2002. This will have immediate effect.