Summary
In this 2018 disciplinary appeal, the Supreme Court upheld relief to a retired UCO Bank officer. It found the seven-year unexplained delay in issuing charges unacceptable and held that withholding both pension and subsistence allowance had prevented effective participation in the inquiry. Applying the UCO Bank precedents then cited, it also held that dismissal could not be imposed after superannuation. The Bank’s appeal was dismissed with Rs.1 lakh costs.
Issues
- Whether unexplained delay and complete denial of financial support vitiated the disciplinary proceedings.
- Whether dismissal could be imposed after superannuation under the regulations considered.
Provisions considered
- Regulation 20(3)(iii), UCO Bank (Officers’) Service Regulations, 1979Although proceedings initiated before retirement continued, the Court applied the cited UCO Bank precedents to hold the post-superannuation dismissal impermissible in this case. (¶¶ 4, 16, 17, 18, 19)
Held
- The Bank’s unexplained seven-year delay in issuing the charge sheet was independently sufficient to set it aside. Promotion and permission to cross the efficiency bar during the intervening period compounded the Bank’s failure to proceed promptly. (¶¶ 12, 13)
- Zero payment after retirement—neither pension nor subsistence allowance—prevented effective participation in the pending inquiry and denied meaningful access to justice. The Court held the proceedings vitiated on that additional ground, referring to pension or subsistence allowance wherever applicable. (¶¶ 1, 14, 15)
- Applying Prabhakar Sadashiv Karvade and Rajinder Lal Capoor to the regulations before it, the Court held in this judgment that dismissal could not be imposed on the officer after superannuation. (¶¶ 16, 17, 18, 19)
- The Bank pressed only the first charge in the Supreme Court and did not defend the findings on the other two. The Court declined interference with the High Court’s relief and imposed litigation costs because the Bank pursued its appeal despite the cited decisions. (¶¶ 7, 12, 20)
Result
Bank’s appeal dismissed; Rs.1 lakh costs payable to the officer within four weeks toward legal expenses.