Allowed

Prayag Singh Rauthore v. the Managing Director Ajmer andA

Rajasthan HC1 Apr 2013CW/4471/2008

Case brief

AI extract

What is this about?

This Goa High Court judgment (note: input specifies Rajasthan but reasoning matches general principles) held that retiral benefits and salary cannot be withheld arbitrarily without conducting an enquiry. The court quashed the withholdal, directing the respondents to pay the dues and allowing them to initiate proceedings under rules.

What did the court decide?

Direction to pay due salary and retiral benefits within two months; liberty to initiate appropriate action under rules if charges exist.

Prayag Singh Rauthore Vs the Managing… — Pension and Retirement Benefits | Rajasthan HC (2013)

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S.B. CIVIL WRIT PETITION NO.4471/2008

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Prayag Singh Rauthor Vs.

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The Managing Director, Ajmer Central Cooperative Bank Ltd., Jaipur & Anr.

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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S.B. CIVIL WRIT PETITION NO.4471/2008

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Prayag Singh Rauthor Vs.

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The Managing Director, Ajmer Central Cooperative Bank Ltd., Jaipur

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& Anr.

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Date of Order : 01st April, 2013

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Mr.Ashish Sharma, for the petitioner/s. Mr.Virendra Lodha, Sr. Adv. with Mr.Ankit Jain, for the respondent/s.

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BY THE COURT:

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It is a case where the petitioner has not been extended retiral benefits though nothing adverse exists against him in the

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form of enquiry, punishment or pendency of criminal case. Reply to the writ petition shows default of the petitioner while loan was advanced and has not been recovered. It is for violation of certain conditions. A document at Annex.R/1 has been annexed.

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I find that petitioner was never called for enquiry for the aforesaid allegation after serving charge sheet. Thus, based on own assumption for default and without following principles of natural justice, retiral benefits and part of salary cannot be withheld by the respondent/s. Learned counsel for the respondent/s could not show

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S.B. CIVIL WRIT PETITION NO.4471/2008

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Prayag Singh Rauthor Vs. The Managing Director, Ajmer Central Cooperative Bank Ltd., Jaipur & Anr.

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provision to the effect that amount of salary and retiral benefits can be withheld without causing enquiry required to follow principles of natural justice. No rule to this effect has been shown, thus what remains is an arbitrary action on the part of the respondents. They cannot withheld an amount due for payment to the petitioner unless it

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is permitted under the rules. The respondents were not prevented to cause enquiry against the petitioner and to pass consequential order if the charges exist and found proved.

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In view of the aforesaid, the writ petition is allowed.

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The respondents are directed to pay due salary and retiral benefits to the petitioner within a period of two months from the date of receipt of copy of this order. However, the respondents would be at liberty to take appropriate action in reference to Annex.R/1 if same is permissible under the rules and pass appropriate order. The direction aforesaid, would not come in the way of the respondent/s to pass appropriate order but it should be strictly as per rules and if permissible.

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(M.N. BHANDARI), J.

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Preety, Jr.P.A. All cor r ect ion s m ade in t h e j u d gm en t / or d er h ave b een in cor por at ed in t h e j u d g m en t / or der bein g em ailed.

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Pr eet y Asop a Jr .P.A.

Prayag Singh Rauthore v. the Managing Director Ajmer andA

Case brief

What is this about?

What did the court decide?

Prayag Singh Rauthore v. the Managing Director Ajmer andA

Case brief

What is this about?

What did the court decide?

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