9911796707
TMI Blog2005 (8) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... diction. The said employee had filed a writ petition where the present appellants and the Union of India, Secretary, Ministry of Finance (Banking), proforma respondent were impleaded as opposite parties. In the writ petition prayer was made to quash order passed in the disciplinary proceedings initiated which was continued after the alleged date of superannuation. A learned Single Judge of the High Court held that under the Service Rules of the Bank it was not permissible to continue the proceedings beyond the date of superannuation and, therefore, the decision of the authorities was bad. Appeal was filed by the Bank and its functionaries questioning correctness of the conclusions of learned Single Judge. The High Court by the impugned judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d punishment as laid down in paragraph 521(5) of the aforesaid Awards i.e. dismissal without notice can be imposed. During continuation of the proceedings on 22nd April, 1988 the Bank by its order intimated the employee that it had been decided to grant extension of service by a period of three months w.e.f. 1st May, 1988 to 31st July, 1988 to facilitate completion of departmental proceedings pending. Accordingly, he was granted extension of service w.e.f. 1st May, 1988. Show-cause reply was submitted by the employee on 31.5.1988. By order dated 2.7.1988 the employee was dismissed from Bank's service with immediate effect. An appeal was preferred before the Deputy General Manager, Regional Office, requesting that on humanitarian grounds the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Bank Staff Federation Agreement at the relevant time was in operation and the same reads as follows : "In suppression of paragraph 15.13 of the Desai Award, a workman shall normally retire on reaching the age of 58 years. The Bank will, however, grant to a workman who continues to be physically fit and efficient an extension of service upto 60 years of age but service beyond 58 years of age will not be counted for any purpose connected with or in relation to pension." It was further submitted that the decision in A.N. Gupta's case (supra) is clearly distinguishable on facts. Learned counsel for the respondents 1 and 2 on the other hand submitted that the decision in A.N. Gupta's case (supra) fully applies to the facts of the case. Me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by virtue of, any rule, shall be deemed to have retired from the Bank's service for the purpose for the Imperial Bank of India Employee' Pension and Guarantee Fund Rules or the State Bank of India Employees' Pension Fund Rules unless such cessation of services has been sanctioned as retirement for the purpose of either of the said pension fund rules as may be applicable to him. 20-B. In Case disciplinary proceedings under these rules have been initiated against an employee before the cases to be in the Bank's service by the operation of, or by virtue of, any of these rules, the disciplinary proceedings may, at the discretion of the Managing Director, be continued and concluded by the authority by which the proceedings were initiated in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrusted or delegated to them by the Central Board or the State Bank. Section 50 of the State Bank of India Act empowers the Central Board to make regulations but Section 43 is independent of Section 50. Rules 20-A and 20-B make material difference and ratio and A.N. Gupta's case (supra) is clearly inapplicable to the facts of the present case. The effect of the decision in C.B.Dhall's case (supra) was not noticed by the Division Bench. It is further to be noted that undisputedly the extension of service was made in order to facilitate the completion of departmental proceedings. At no point of time during continuance of the proceedings the employee had questioned legality of the proceedings. Even if there can be any acquiesce to confer jur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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