B K SHARMA Vs. GENERAL MANAGER PERSONAL PUNJAB NATIONAL BANK
LAWS(ALL)-2003-2-135
HIGH COURT OF ALLAHABAD
Decided on February 18,2003

B.K.SHARMA Appellant
VERSUS
GENERAL MANAGER (PERSONAL), PUNJAB NATIONAL BANK Respondents

JUDGEMENT

Prakash Krishna, J. - (1.) The Punjab National Bank introduced a voluntary retirement scheme. The petitioner's application for voluntary retirement under the aforesaid scheme was rejected by the impugned order dated 14.3.2001. The departmental appeal has also been rejected by the order dated 29.5.2001. The petitioner by means of the present writ petition has prayed for a writ of certiorari for quashing the aforesaid two impugned orders and commanding the respondents to accept the petitioner's application dated 10.10.2000 seeking voluntary retirement from service.
(2.) The petitioner having completed 30 years' service and attaining the age of 54 years filed an application for voluntary retirement under the aforesaid scheme which was in operation from November 10, 2000 to November 30, 2000. In the aforesaid scheme, it has been provided that the employees falling in the following categories are not eligible to seek voluntary retirement under the scheme : (c) Employees against whom disciplinary proceedings are contemplated/pending or who are under suspension. The application of the petitioner was rejected on the plea that a disciplinary proceeding is under contemplation in respect of lapses allegedly committed by the petitioner at the Branch Office, Banda and the same has not been finalised upto 28.2.2001.
(3.) In the writ petition, it has been stated that on 10.10.2000, when the petitioner applied to seek voluntary retirement, no disciplinary proceeding was either in contemplation or pending against the petitioner and as such, his application has been rejected arbitrarily and with malice.;


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