P. K. Chanda v. Uco Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15815 of 2019 ====================================================== P. K. Chanda Son of Pramath Nath Chanda Resident of Village- Subhashpalli, Kajlamani Road, Ward No. 2, P.S. and District- Kishanganj. ... ... Petitioner/s

Versus

1.

UCO Bank through its Chairman cum Managing Director, Head Office, D.D. Block, Sector-1, Salt Lake City, Kolkata. 2.

The Chairman cum Managing Director, Head Office, D.D. Block, Sector-1, Salt Lake City, Kolkata.

3.

The Executive Director, UCO Bank, Head Office, D.D. Block, Sector-1, Salt Lake City, Kolkata.

4.

The General Manager, Personal Services Department (Appellate Authority) Head Office, D.D. Block, Sector-1, Salt Lake City, Kolkata. 5.

The Assistant General Manager, (Disciplinary Authority), Uco Bank, Zonal Office, Sona Jageshwar Complex, Traffice Chowk, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijoy Nandan Sahay For the Respondent/s :

Mr.Ranjeet Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-08-2019 Heard the learned counsel for the parties.

The petitioner was put to a departmental proceeding for having advanced loans in derogation of the Guidelines of NABARD.

The petitioner explained that all the guidelines of NABARD was followed but without taking note of such explanation of the petitioner, the Enquiry Officer found him guilty of the charges.

The disciplinary authority subjected the petitioner

Patna High Court CWJC No.15815 of 2019(2) dt.14-08-2019 2/3 to dismissal from the bank service with prohibition from being re-engaged in any bank service henceforth. The order passed by the disciplinary authority was affirmed in the Review.

Though the petitioner had challenged the aforesaid order of punishment, but the same was withdrawn because of his failing health.

When the petitioner was not paid his gratuity and pension, he approached the controlling authority for grant of gratuity, which has now been allowed. However, payment of pension to the petitioner has not yet begun and there is nothing in the order of punishment which would indicate any such stoppage of pension or recovery of any money from the petitioner has been directed.

Several representations of the petitioner before the concerned officers of the Bank have yielded no result. The last of such representation filed by the petitioner is on 25.01.2019 before the General Manager, Personal Services Department (Appellate Authority), Head Office, D.D. Block, Sector-1, Salt Lake City, Kolkata but that too has not yet

Patna High Court CWJC No.15815 of 2019(2) dt.14-08-2019 3/3 been responded.

Considering the fact that the petitioner is now out of job and is in the evening of his life, he is required to be paid his pension, in the absence of any proscription of payment of the same to him.

The petitioner, under the aforesaid circumstances, is directed to make a fresh representation before the General Manager, Personal Services Department (Appellate Authority), Head Office, D.D. Block, Sector-1, Salt Lake City, Kolkata within a period of two weeks, who would be under an obligation to pass a reasoned order in accordance with law on such representation, within a further period of four weeks from the date of receipt of such representation by the petitioner.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U