M.M. Kumar, J. - (1.) The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 12.03.2010 passed by the learned Single Judge of this Court upholding the condition incorporated in the order of superannuation dated 31.07.2008. The petitioner-appellant was relieved subject to the condition of pendency of disciplinary enquiry. The order reads thus:- "on attaining the age of superannuation retirement today after working hours except for the purpose of completion of disciplinary case pending against (him) and (his) remaining terminal dues shall be settled in terms of clause 3(iii) of Regulation 20 of the Punjab and Sind Bank (Officers') Service Regulation 1982 (for brevity, '1982 Regulations') and Regulation 46 of P&B (Employees Pension) Regulation 1995, after the disciplinary proceedings against (him) are completed and final order is passed."
(2.) The contention of the petitioner-appellant was that he had retired on 31.07.2008 and there was no charge-sheet or enquiry initiated against him on that date, which was issued nearly 6 months later on 15.01.2009. The learned Single Judge has rejected the contention by placing reliance on Regulation 20.3 (ii) of the 1982 Regulations, which reads as under:- "(ii) Disciplinary proceedings shall be deemed to be pending against any employee for the purpose of this regulation if he has been placed under suspension or any notice has been issued to him to show cause why disciplinary proceedings shall not be instituted against him and will be deemed to be pending until final orders are passed by the Competent Authority."
(3.) The learned Single Judge also took support from the Division Bench judgment of this Court rendered in the case of T.S. Gandhok v. Punjab & Sind Bank, 2003 (1) SCT 782 and quoted para 15 of the aforesaid judgment to conclude that issuance of a show cause notice is sufficient for raising inference that the disciplinary proceeding would be deemed to be pending against a delinquent employee and issuance of charge-sheet would not be decisive factor.;