- (1.) The petitioner has approached this court impugning the chargesheet dated 7.10.2011 (Annexure P-1) and order dated 19.3.2012 (Annexure P-4) appointing the Enquiry Officer. The petitioner retired as General Manager from Oriental Bank of Commerce on 30.9.2010. Charge-sheet was issued to him after his retirement on 7.10.2011.
(2.) The submission of learned counsel for the petitioner is that after retirement of the petitioner, charge-sheet could not be issued under Oriental Bank of Commerce Officer Employees (Discipline & Appeal) Regulations 1982 (for short, 'the Discipline and Appeal Regulations') for alleged violation of Regulation 3(1) of the Oriental Bank of Commerce Officer Employees (Conduct) Regulations, 1982 (for short, 'the Conduct Regulations') read with Regulation 24 thereof. The aforesaid Regulations deal with imposition of punishment to an employee who is in service. As the petitioner has already retired, the punishments envisaged under the Discipline and Appeal Regulations cannot possibly be imposed on him at this stage.
(3.) It is not in dispute that in terms of Regulation 48 of the Oriental Bank of Commerce Officer Employees (Pension) Regulations 1995 (for short, 'the Pension Regulations'), enquiry proceedings in case pending on the date of retirement of an employee can continue after his retirement.;