An appeal preferred thereagainst by the respondent before the appellate authority was dismissed by an order dated 6th March, 1997 stating The Board carefully companysidered the grounds of appeal preferred by Shri M.L. Kalra along with records of the case and after detailed discussions observed that the petitioner has number brought out any case based on the merits, which warrants interference with the decisions of the Disciplinary Authority.
Appellant, however, relying on or on the basis of Regulation 20 3 iii of the National Bank Officers Service Regulations, 1979, companytinued the departmental proceedings against him.
An order of punishment was passed by the disciplinary authority dismissing the respondent from service on 22nd Mach, 1996, directing Provisions of Regulation 20 3 iii of Punjab National Bank Officers Service Regulations, 1979 were invoked vide letter dated 23.11.1994 and it was inter alia made clear to Shri Kalra that though he will cease to be in service of the bank on 30.11.1994 on attaining the age of superannuation but the disciplinary proceedings initiated against him will companytinue as if he was in service until the disciplinary proceedings are companypleted and final orders is passed in respect thereof and that he will number be entitled for payment of retirement benefits till the proceedings are companycluded and final order is passed thereon except his own companytribution to CPF.
Shri M.L. Kalra be informed accordingly.
Respondent claimed that he was entitled to payment of the said provisional pension till 6th March, 1997 i.e. till the disposal of his appeal by the appellate authority.
The same was companypleted after his retirement on 1st August, 1995.
Respondent herein was an employee of the New Bank of India.
The payment of terminal benefits to Shri Kalra, if any, will be made keeping in view the above order of dismissal.
As such, the Board decided to companyfirm the punishment of Major penalty of Dismissal from service which shall be a disqualification for future employment imposed on Shri M.L. Kalra by the Disciplinary Authority.
He reached the age of superannuation on 30th November, 1994.
A charge sheet was issued against the respondent on 19th August, 1993.
On or about 4th September, 1993 the said Bank was amalgamated with the appellant bank.
In the meanwhile, the respondent was paid his provisional pension in terms of Regulation 46 of Pension Regulations from the date of superannuation till the date of dismissal i.e. 22nd March, 1996.
A learned Single Judge of the High Court by an order dated 22nd February, 2002 directed that the arrears of provisional pension also be paid for the period during which the appeal was pending.
On the said premise a writ petition was filed by him.
336 of 2002.
B. SINHA, J. The short question involved in this appeal, is the interpretation of the provisions of the Punjab National Bank Officers Service Regulations, 1979 vis vis Punjab National Bank Employees Pension Regulations, 1995 in short Pension Regulations , which arises out of a judgment and order of the High Court of Delhi at New Delhi passed in LPA No.
