- (1.) INSTANT appeals have been filed by the intra parties by not being satisfied by the order of the Ld. Single Judge impugned dt. 1.4.2013.
(2.) THE appellant Prayag Singh Rathore who joined the respondent bank as Cashier cum Clerk on 3.6.1974 and while working as Branch Manager in officiating capacity retired on attaining the age of superannuation on 31.3.2006 but his retiral benefits were withheld by the respondent without any reasonable cause and that compelled him to approach this Court by filing of writ petition and it is prayed that his retiral dues towards gratuity, leave encashment and arrears of salary due and payable have been withheld without any authority of law may be paid along with interest.
(3.) AFTER notice of the present petition came to be served, the respondent came out with the defence that while he was in service and working as Manager of the Bank, he put certain alleged financial loss while creating security interest over the property mortgaged against disbursement of loan and for which notice was served upon him and since no reply came forward keeping that alleged financial loss to the bank to be recovered and settled from his terminal benefits, the same was withheld by the respondent. Indisputably, after the appellant retired from service on 31.3.2006 neither any disciplinary enquiry was pending on the date of his retirement or at any point of time it was served at later stage. It is also informed to this Court that Rajasthan Civil Service Pension Rules, 1996 (Rules 1996) are applicable and R.7 of Rules 1996 prohibits respondent from initiating disciplinary proceedings at such belated stage and the alleged loss which was contended by the bank at that point of time was to be quantified by due process and that can be decided after holding enquiry and calling upon appellant providing reasonable notice and opportunity of hearing but that was never initiated against him as such he has a legitimate right to get his retiral dues on retirement in March 2006 and at least delay could not be attributed to him and the fact is that all the three claims of the appellant regarding gratuity, leave encashment and arrears of salary which is provided under the rules still so far has not been released.;