ASHOK KUMAR MATHUR, J. - (1.) THE petitioner by this writ petition has challenged the order of compulsory retirement from the service dated 20th June, 1983 (Annexure R/1).
(2.) THE petitioner was in service of the Punjab National Bank (here in after referred as the respondent Bank) and was posted at Jodhpur as Regional Manager. The respondent Bank after review of the service record of the petitioner compulsorily retired him from service under Regulation 19 of the Punjab National Bank (Officers) Service Regulations, 1979 (here in after referred as the Regulations). This writ petition runs into marathon size writ petition, amendment, reply to the writ petition and rejoinder, reply to rejoinder etc. and it is not necessary to record all the facts given in the writ petition and the reply and the rejoinder to the reply. Primarily four questions have been placed by the learned counsel for the petitioner for my consideration, namely, that the respondent Bank has not complied with the condition precedent of three months pay and allowance in lieu of notice before retiring the petitioner from service in terms of Regulation 19 of the Regulations. Secondly that there is no order of compulsory retirement from the competent authority and thirdly that there was no material on which the petitioner could have been retired compulsorily. Lastly, that certain uncommunicated adverse entries have been utilised by the respondent Bank in compulsorily retiring the petitioner from the service.
(3.) IN order to appreciate the first contention it will be relevant to reproduce the Regulation 19 of the Regulations and the same is reproduced as under: 19. (1) The age of retirement of an officer employee shall be as determined by the Board in accordance with the guidelines issued by the Government from time to time: Provided that the Bank may, at its discretion on review by the Special Committee as provided here in after in Sub -regulation (2) retire an officer employee on or at any time after the completion of 55 years of age or on or at any time after the completion of 30 years of total service as an officer employee or otherwise, whichever is earlier; Provided further that before retiring an officer employee, at least three months' notice in writing or an amount equivalent to three months' substantive salary/pay and allowances, shall be given to such officer employee; Provided also that nothing in this regulation shall be deemed to preclude an officer employee from retiring earlier pursuant to the option exercised by him in accordance with the rules in the Bank. Explanation: An officer employee will retire on the last day of the month in which he completes his age of retirement. (2) The Bank shall constitute a Special Committee, consisting of not less than three members, to review, whether an officer employee should be retired in accordance with the first proviso to this regulation. Such Committee shall, from time to time, review the case of each officer employee and no order of retirement shall be made unless the special Committee recommends in writing to the Competent Authority the retirement of the officer employee.;