Petitioner sought release of terminal benefits withheld due to pendency of criminal case. Court noted missing records and lack of bank power to relax rules. Held that quashing must be invoked under Section 482 CrPC; writ disposed off.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.10458 of 2001 (O&M) Date of decision:24.02.2012
Mukandi Lal Singla, Assistant Manager (Retd.), UCO Bank, Civil Hospital Road, Ambala City.
...Petitioner
versus
United Commercial Bank, through its General Manager, 12 Old Court Road, Calcutta, and another.
....Respondents
CORAM: HON’BLE MR. JUSTICE K. KANNAN
Mr. Rajesh Mahajan, Advocate, for the respondents.
K.Kannan, J. (Oral)
Civil Writ Petition No.10458 of 2001 (O&M) - 2 -
“46(2) In such cases the gratuity shall not be paid to such an employee until the conclusion of the proceedings against him. The gratuity shall be paid to him on conclusion of the proceedings subject to the decision of the proceedings. Any recoveries to be made from an employee shall be adjusted against the amount of gratuity payable.”
“47. Commutation of pension during departmental or judicial proceedings-An employee against whom departmental or judicial proceedings have been
Civil Writ Petition No.10458 of 2001 (O&M) - 3 -
instituted before the date of his retirement or a person against whom such proceedings are instituted after the date of his retirement shall not be eligible to commute a fraction of the provisional pension, or pension, as the case may be, authorized under these regulations during the pendency of such proceedings.”
govern the service conditions between the parties, it will only be appropriate that the respondent may at its own take a decision in the extraordinary circumstances by way of relaxation of the rules if such a power of relaxation resides in any authority of the Bank. If there is no power to relax the provision against payment of gratuity and commutation, the only viable method by which the petitioner can secure the relief is to apply to this Court for a challenge under Section 482 CrPC for quashing of the criminal case pending before the Criminal Court. It has been held by several decisions of this Court that right to speedy justice itself is a fundamental right and must be read into Article 21 as falling within the right to life. A poignant situation of the petitioner's plight with case papers going missing that would obstruct the course of justice and deny to an employee to secure what is due to him legitimately in his twilight years of his life ought to be itself a ground for intervention. However, this Court cannot exercise the power to tinker with criminal court proceedings in this writ petition when there exists no
Civil Writ PetitionNo.10458 of 2001 (O&M) - 4 -
prayer therefor and the prosecuting agency is not before this Court.
(K.KANNAN) JUDGE
24.02.2012 sanjeev
2 issues framed by the court
Whether termination of retrospective or prospective release of pension or gratuity is allowed against employee where criminal case marks missing or untraceable?
Whether power of relaxation resides in any authority of the Bank to relax rules against payment of gratuity and commutation of pension.
3 provisions across 2 enactments
Mukandi Lal Singla
United Commercial Bank
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
