Raju Dominic.K.A. Vs. the Regional Manager. - Court Judgment

Excerpt:
[mr.justice b.v.pinto, j.] this crl.a filed u/s.374(2) cr.p.c. by the advocate for the appellant against the judgment dt. 14.7.05 passed by the dist. & sj., fast track court ii, shimoga, in s.c.no,71/02 -convicting the appellant/accused for the offence p/u/s.326 of ipc and sentencing him to undergo s.i. for 5 years and to pay a fine of rs.3000/- i.d., s.i. for 6 months for the offence p/u/s.326 of ipc.1. the petitioner retired from the service of the respondent-bank on 31.5.2010 as assistant manager. on 28.5.2010, the petitioner was served with a memo of charges. the petitioner submitted his explanation and enquiry proceedings were over, but no decision has been taken by the respondents pursuant to the charge memo. the petitioner has a further complaint that the petitioner has not been paid his retirement benefits on the ground that disciplinary proceedings are pending. it is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: "i. issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to disburse the retirement benefits due to the petitioner and his monthly pension without further delay. ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to finalise the disciplinary proceedings initiated as per ext. p1 within a time limit to be fixed by this hon'ble court." 2. i directed the standing counsel for the bank to get instructions as to within what time the disciplinary proceedings can be completed. today, the standing counsel submits that the same can be completed within two months. accordingly, the writ petition is disposed of with a direction to the respondents to see that the disciplinary proceedings initiated against the petitioner are taken to its logical conclusion within two months from today. thereafter, all admissible retirement benefits due to the petitioner shall be disbursed within another month.

Judgment:
1. The petitioner retired from the service of the respondent-bank on 31.5.2010 as Assistant Manager. On 28.5.2010, the petitioner was served with a memo of charges. The petitioner submitted his explanation and enquiry proceedings were over, but no decision has been taken by the respondents pursuant to the charge memo. The petitioner has a further complaint that the petitioner has not been paid his retirement benefits on the ground that disciplinary proceedings are pending. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:

"i. Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to disburse the retirement benefits due to the petitioner and his monthly pension without further delay.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to finalise the disciplinary proceedings initiated as per Ext. P1 within a time limit to be fixed by this Hon'ble court."

2. I directed the standing counsel for the Bank to get instructions as to within what time the disciplinary proceedings can be completed. Today, the standing counsel submits that the same can be completed within two months. Accordingly, the writ petition is disposed of with a direction to the respondents to see that the disciplinary proceedings initiated against the petitioner are taken to its logical conclusion within two months from today. Thereafter, all admissible retirement benefits due to the petitioner shall be disbursed within another month.