DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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(1.) 'The respondent was employed with the
appellant bank and retired on 30.11.2002 on attaining the age of
superannuation. He was a member of the Provident Fund Scheme (CPF) of the
Bank and had contributed Rs. 5,76,741.19. Under the rules, the bank was
required to contribute the same amount under the scheme. However, the
appellant only released the amount contributed by the respondent and
withheld the remaining 50 per cent balance on the ground that the
respondent had committed certain irregularities during his employment for
which he was charge -sheeted and, therefore, disentitled himself for the
amount contributed by the bank by virtue of Regulation 20.3(iii) of the
Dena Bank (Officers) Service Regulation, 1979. Feeling aggrieved the
respondent filed the instant complaint before the District Forum.
(2.) WHILE allowing the complaint, the District Forum, vide impugned Order dated 11.2.2004, found the appellant bank deficient in service in
not releasing the full amount and directed it to release the balance
amount of the PF representing the employers contribution along with
interest to be calculated at the rate applicable to the Officers of the
bank on their PF accumulated during the relevant period. Feeling
aggrieved, the appellant bank has preferred this appeal.
(3.) ADMITTEDLY , the respondent was issued a Show Cause Notice dated 21.3.2000 followed by addendum dated 3.9.2002 for committing certain irregularities while working at Chhatarpur and Najafgarh Road, New Delhi,
branch offices, in respect of which disciplinary proceedings were
initiated. However, the respondent filed Writ Petition against the
disciplinary proceedings before the High Court of Delhi and obtained
stay, which is still continuing.
Let us see at the first instance the provision of Regulation 20.3(iii) of the Dena Bank (Officers) Service Regulation, 1979 which, inter alia, reads:
The concerned Officer will not receive any pay and/or allowances after the date of superannuation. He will also not be entitled for the payment of retirement benefits till the proceedings are completed and final order is passed thereon except his own contribution to CPF . ;
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