Disciplinary proceedings cannot continue post retirement.

Thus, with your retirement, the departmental action which was pending; ha d abated. Thus, you coud not have been denied pension along with other retirement benefits.

File a writ petition at the place of cause of action.

Whether the bank has dismissed you from service or gave you compulsory retirement or did you retire voluntarily. If the bank has withhold your pension for pending criminal case you can approach high court filing writ seeking direction to bank to atleast release half pension amount to you.

Usually if there is pending criminal case the pension won't be released but under exceptional circumstances court can order to release part of pension amount.

1) You are eligible for pension as you have worked more than 21 years.

A dismissed employee is not entitled for any pension unless there is specific order to that effect in dismissal order.

You can file a writ in High Court l, if you feel that your pension has been wrongly withheld by the bank and also seek interim relief.

If a person has given good and sincere service and he did something wrong, which was not related to his performance as a good servant, he can be dismissed if the prescribed punishment is dismissal. But the wages and pension earned by him are sacred and cannot be denied so easily.

Dear Client,

Gratuity and pension are hard earned benefits of an employee and right to receive pension is in the nature of “property”, the Supreme Court has held that this right cannot be taken away from a government employee pending departmental or criminal proceedings.

Case will file at blore.

Pension Option Scheme can be extended to only four categories of employers, namely; (i) serving employees (ii) those employees, who had retired (iii) those employees, who had opted for voluntary retirement under Special Voluntary Retirement Scheme and (iv) families of deceased employees / retiree

2) The Supreme Court observed in paragraph 6 thus:-

"To sum up, the pension scheme embodied in the regulation is a self- supporting scheme. It is a code by itself. The bank is a contributor to the pension fund. The bank ensures availability of funds with the trustees to make due payments to the beneficiaries under the regulations. The beneficiaries are employees covered by the regulation 3. It is in this light that one has to construe regulation 22 quoted above. Regulation 22 deals with forfeiture of service. Regulation 22(1) states that resignation, dismissal, removal or termination of an employee from the service of the bank shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefits. In other wards, the pension scheme disqualifies such dismissed employees and employees who have resigned from membership of the fund. The reason is not far to seek. In a self financing scheme, a separate fund is earmarked as the scheme is not based on budgetary support.

As dismissed employee you are not entitled to pensionary benefits

Have you appealed against the dismissal order, if so, before which authority, whether through labor court or by writ petition before high court?

If so what is the status of the case?,

whether disposed?

if disposed what is the result?

What was the order stated in the dismissal/termination order by the bank, ?

whether it was specifically mentioned that no service benefits?

What is the complaint with the police and what is the status ?

Have you ever given any application seeking pension?

If the dismissal of service is on the disciplinary grounds, then you may not be eligible for pension, did you clarify the pension regulations in this regard?

Have you consulted any advocate practicing service laws, on this subject so far, if so what was the opinion and suggestion made by the lawyer after scrutinizing all the relevant papers pertaining to your dismissal ?

First ascertain the details as sought above and then plan to initiate legal steps for procuring the pension, if you are found to be eligible for the same.

If I am eligible, what is the proceedure and any time limit is there.

It means, i have to wait till the running case Judgememnt?

You may revert with the details to enable us to render a proper opinion to your case.

You remained silent about the pension aspect for more than 8 years for the reasons known to you alone.

Hence it would be better that you discuss the issue with local service law practicing lawyer by producing all relevant papers pertaining to your service and the dismissal for an opinion in person.

Dear Sir,

The dismissal order to be perused before giving legal advise. Normally dismissed employees are not entitled for pension. If you get acquittal in criminal case and dismissal order is set aside by the appellate authority/High Court then there are chances of getting pension. You may get personal guidance. The conduct of the bank reflects in the following recent news.

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Rs 3 cr fine imposed on Lakshmi Vilas Bank for contravention of RBI rules

Reserve Bank on Friday said it has imposed a penalty of Rs 3 crore on Lakshmi Vilas Bank for contravention of instructions on opening and operation of current accounts, among others.

The penalty on the bank, RBI said, has been imposed for "contravention of instructions" relating to opening and operation of current accounts, extending bill discounting facilities to non-constituents and walk-in customers and non-adherence to KYC norms.

The RBI, however, added that the action on the bank is based on deficiencies in regulatory compliance and "is not intended to pronounce upon the validity of any transaction or agreement entered into by the bank and its customers."

An examination of the irregularities was subsequently conducted and an explanation from the bank was also obtained by the RBI.

On the basis of the examination of RBI and explanation furnished by the bank, a show cause notice was issued to the bank for violation of certain regulations and instructions.

After considering the bank's reply, as also, personal submissions, information submitted and documents furnished, the RBI said, it came to the conclusion that the violations were substantiated and warranted imposition of monetary penalty.

You can file mostly your original jurisdiction where you work will be your pension office