JUDGEMENT
P.B. Bajanthri, J. -
(1.) In the instant writ petition, the petitioner has questioned the validity of order dated 23.8.2013 by which disciplinary authority imposed the penalty of "Reduction in the monthly pension of CSO by Rs. 15,000/- PM for 36 months under Regulation 43 and 45 read with Regulation 48 of Pension Regulations - 1995 " and further he has questioned the validity of the order dated 29.11.2013 by which the Appellate Authority has rejected his appeal.
(2.) The petitioner is stated to have appointed as Clerk-cum-Cashier in Punjab and Sind Bank. He has earned promotion to the cadre of Officer Grade and to the Manager cadre. He has attained age of superannuation and retired from service as a Manager on 30.1.2011.
(3.) On 6.7.2012, disciplinary proceedings were initiated under clause 6 (1) of the Punjab and Sind Bank Officer Employees (Discipline and Appeal) Regulations, 1981 (amended from time to time). Perusal of the charge indicates that certain events which are taken beyond the date of retirement of the petitioner, inquiry has been initiated. The disciplinary authority concluded the inquiry by imposing the penalty of reduction in the monthly pension by Rs. 15,000/- per month for 36 months under Regulation 43 and 45 read with Regulation 48 of Pension Regulations, 1995. While imposing the penalty, the disciplinary authority has observed as follows:-
"It is also noticed that his acts of misconduct may not cause any financial loss to the bank in terms of DEX 1/1 and affidavit given by the drawer of cheque in question. But it is matter of Banks record that the party has defrauded the Bank by Rs.11.07 crore and I am of the considered opinion that the CSO has unlawfully gained by Rs. 5.00 thus enhancing Banks' likely financial loss to the tune of Rs. 11.07 crore for his personal gain of Rs.5.00 lac. In my opinion personal deposition and evidence by submitting an affidavit by a party who committed a fraud with the bank has no relevancy. ";
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