Ram Kamal Jena vs Bank Of Borada
2021 Latest Caselaw 8574 Ori

                                       1




       IN THE HIGH COURT OF ORISSA AT CUTTACK


                  W.P.(C) No.23778 OF 2021

Ram Kamal Jena                              .....                  Petitioners

                                                  Mr. S.N. Biswal, Advocate
                                  Vs.
Bank of Borada, Mumbai &                    .....           Opposite parties
Ors.



            CORAM:
                DR. JUSTICE B.R. SARANGI

                                          ORDER

16.08.2021

W.P.(C) No.23778 of 2021 And I.A. No.10994 of 2021

Order No. The matter is taken up through hybrid mode.

Heard Mr. S.N. Biswal, learned counsel appearing for the petitioner.

The petitioner has filed this writ petition to quash the disciplinary proceeding initiated against him under Annexure-1 series as the same is barred by Regulation 48(2) of Bank of Borada (Employees') Pension Regulations, 1995 under Annexure-5.

Mr. S.N. Biswal, learned counsel appearing for the petitioner contended that in view of provisions contained in Regulation 48(2) of Bank of Baroda (Employees') Pension Regulations, 1995 under Annexure-5, no proceeding can be initiated against the petitioner after his retirement. It is contended that the petitioner has retired from service on 19.02.2016, but the proceeding has been initiated against him on

15.06.2020, which is after four years. Thereby, the same cannot sustain in the eye of law. To substantiate his contentions, learned counsel for the petitioner has relied upon the judgment of the apex Court in Canara Bank v. D.R.P. Sundharam, (2016) 12 SCC 724 and UCO Bank v. Prabhakar Sadashiv Karvade, (2018) 14 SCC 98.

In the considered opinion of this Court, the matter requires consideration.

Issue notice to the opposite parties by Registered Post with A.D., requisites for which shall be filed within three days. Office shall send notice to the said opposite parties fixing a short returnable date.

As an interim measure, it is directed that the proceeding initiated against the petitioner under Annexure-1 series may continue, but no final order shall be passed without leave of this Court till 15.09.2021.

Connect with W.P.(C) No.23779 of 2021. Issue urgent certified copy as per rules.

Alok DR. B.R. SARANGI, J.