Service and Labour Law — Departmental proceedings

September 19th, 2013

Service and Labour Law — Departmental proceedings — After superannuation, Plea of prohibition under Pension Regulations, Entertainment of — Issuance of charge-sheet after superannuation — Challenged contending that Pension Regulations of respondent bank prevent conducting of departmental proceedings after superannuation — Held, there is no basis that Pension Regulations of the respondent No.1 prevent conducting of departmental proceedings after superannuation/retirement of an employee — In fact, the Regulations provide otherwise i.e they specifically provide that in case of grave misconduct departmental proceedings can be initiated for withholding or withdrawing of the pension even after the retirement/superannuation, and also that good conduct is necessary for continuing of the pension — Petition dismissed — Indian Overseas Bank Officer Employees’ (Discipline and Appeal) Regulations, 1976 — Departmental proceedings after superannuation — Applicability of.

(Para 9)

HELD: What the counsel for the petitioner argues by reference to Regulation 44 is an argument which has to be seen in the context of earlier Regulations 42 and 43. Regulation 44 only gives one of the reasons on the basis of which pension can be stopped i.e conviction on account of a serious crime by Court of law and that Regulation does not say that for other reasons pension cannot be stopped. In fact, Regulation 42 makes it clear that future good conduct shall be an implied condition of every grant of pension and its continuance under these regulations. Regulation 43 read with Regulation 45 shows that if a retired employee is found guilty of misconduct there is an entitlement to withhold or withdraw the pension. Regulation 45 lays down the procedural requirement that the necessary procedure provided in the Indian Overseas Bank Officer Employees’ (Discipline and Appeal) Regulations, 1976 will have to be followed. Therefore, in my opinion, there is no basis that Pension Regulations of the respondent No.1 prevent conducting of departmental proceedings after superannuation/retirement of an employee. In fact, the Regulations provide otherwise i.e. they specifically provide that in case of grave misconduct departmental proceedings can be initiated for withholding or withdrawing of the pension even after the retirement/superannuation, and also that good conduct is necessary for continuing of the pension.

(Para 9)

J.B. Chaudhry v. Indian Overseas Bank, W.P. (C) No. 7866/2012(22/08/2013) [Valmiki J. Mehta, J.]

Entry Filed under: Legal Updates