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Patna High Court

Shashi Bhushan Kumar OjhaversusUttar Bihar Gramin Bank and Ors

Decided
Disposal
DISMISSED

Holding

The Court held that, pursuant to Rule 45 of the Uttar Bihar Gramin Bank (Officers and Employees) Service Regulations, 2010, the bank may continue disciplinary proceedings and impose dismissal even after an employee's superannuation, making the dismissal order valid.

Summary

The petitioner, a former Officer of Uttar Bihar Gramin Bank, was superannuated on 31 January 2016 but faced disciplinary charges that led to a dismissal order dated 20 April 2016, which was affirmed on 5 October 2016. He challenged the authority of the Disciplinary and Appellate Authorities to dismiss him after retirement, invoking Article 226 of the Constitution for a writ of certiorari and mandamus for payment of post-retirement dues. The Court examined Rule 45 of the Uttar Bihar Gramin Bank (Officers and Employees) Service Regulations, 2010, which deems a superannuated employee to remain in service solely for the purpose of concluding disciplinary proceedings and permits the imposition of penalties, including dismissal. The Court held that the bank acted within its statutory powers and that the dismissal order was valid, rendering the petitioner ineligible for any arrears, allowances, or retirement benefits. Consequently, the writ petition was dismissed without any order as to costs.

Issues considered

  • Whether the Disciplinary Authority can dismiss an employee after his superannuation under the bank's service regulations.
  • Whether the order of dismissal post‑retirement is amenable to judicial review under Article 226 of the Constitution.
  • Whether the petitioner is entitled to post‑retirement dues after being dismissed.

Subjects

  • disciplinary proceedings
  • superannuation
  • dismissal
  • service regulations
  • bank employees
  • Article 226
  • writ petition
  • post‑retirement benefits

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1221 of 2017
     ======================================================
     Shashi Bhushan Kumar Ojha Son of Sri Ram Sanjiwan Ojha, resident of
     Mohalla - New Area, Sikandarpur Behind Zarda Factory , P.S. Muzaffarpur
     Town , District - Muzaffarpur
                                                               ... ... Petitioner/s
                                         Versus
1.    Uttar Bihar Gramin Bank, Kalambagh Chowk, Muzaffarpur through its
      General Manager.
2.   Chairman, Uttar Bihar Gramin Bank, Kalambagh Chowk, Muzaffarpur
3.   General Manager, Uttar Bihar Gramin Bank, Kalambagh Chowk,
     Muzaffarpur
4.   Regional Manager, Uttar Bihar Gramin Bank, Siwan
5.   Branch Manager, Uttar Bihar Gramin Bank, Amori Siwan
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Chakrapani, Advocate
                                   Mr. Deepak, Advocate
     For the Respondent/s   :      Mr. Prabhakar Jha, Advocate
                                   Mr. Amitesh Jha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                            C.A.V. JUDGMENT


      Date : 24-02-2026

                       In the instant writ petition, the point for

      determination is as to whether an employee of Uttar Bihar

      Gramin Bank could be dismissed from service after his

      retirement on superannuation.

                       2. The petitioner was an Officer of Uttar Bihar

      Gramin Bank, he was superannuated on 31.01.2016 while he

      was holding the charge of Officer, Scale-II, Branch Sahwajpur-I

      under Muzaffarpur (East), Regional Office.

                       3. While he was in service, he was served with a
Patna High Court CWJC No.1221 of 2017 dt.24-02-2026
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         memorandum of charge for disciplinary proceeding on

         09.04.2016. After holding departmental inquiry, the Inquiry

         Authority held in guilty holding Charges Nos.1, 3, 4, 5, 7 and 9

         fully proved and Charges Nos.2 and 6 partially proved. The

         Disciplinary Authority communicated the report of the Inquiry

         Authority and directed him vide letter dated 18/19.02.2016

         (Annexure-P/4) to submit second show cause. The petitioner

         submitted the second show cause it was duly considered by the

         Disciplinary Authority and he passed an order of dismissal,

         which shall ordinarily be a disqualification for future

         employment in terms of Regulation 39(1)(b)(v) of Uttar Bihar

         Gramin Bank (Officers and Employees) Service Regulations-

         2010. The record of the writ petition further shows that the

         petitioner preferred an appeal against the said order of dismissal.

         The appeal was disposed of by the Appellate Authority vide

         order dated 05.10.2016, affirming the order of dismissal passed

         by the Disciplinary Authority.

                         4. The petitioner raising the question of authority of

         the Disciplinary Authority as well as the Appellate Authority has

         raised the question as to whether the order of dismissal after

         superannuation can be passed by the respondents and invoked

         the jurisdiction of Article 226 of the Constitution of India

         praying for issuance of writ in the nature of certiorari quashing
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         the order passed by the Disciplinary Authority on 20.04.2016

         and affirmed by the Appellate Authority on 05.10.2016. The

         petitioner has also prayed for issuance of writ in the nature of

         mandamus commanding the respondent-Bank to pay all the pre

         and post retiral dues to the petitioner with interest on quashing

         the order of dismissal.

                         5. This Court hears the learned Advocate on behalf

         of the petitioner and the learned Advocate on behalf of the

         respondent Bank.

                         6. The learned Advocate for the respondent Bank

         refers to the relevant Rule under the name and style of Uttar

         Bihar Gramin Bank (Officers and Employees) Service

         Regulations-2010. Rule 39 empowers the Disciplinary Authority

         to pass major penalties in appropriate cases of compulsory

         retirement, removal from service which shall not be a

         disqualification for future employment. The petitioner was

         dismissed from his service, which shall ordinarily be a

         disqualification for future employment.

                         7. The learned Advocate for the Bank next refers to

         Rule 45 of 2010 Regulations, which describes continuation of

         disciplinary proceeding after retirement. Rule 45 runs thus:-

                                     “Disciplinary    proceedings   after
                     retirement.- (1) An officer or employee who is
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                     under suspension on a charge of misconduct and
                     who attains the age of superannuation, shall be
                     deemed to be in service even after the age of
                     superannuation for the specific purpose of
                     continuation and conclusion of the disciplinary
                     proceedings and issue of final orders thereon.
                                     (2) The officer or employee who is
                     under suspension shall not be eligible for any
                     subsistence allowance for the period beyond the
                     date of superannuation.
                                     (3) The officer or employee against
                     whom disciplinary proceeding has been initiated
                     shall cease to be in service on the date of
                     superannuation but the disciplinary proceeding
                     shall continue as if he was in service until the
                     proceedings are concluded and final order is
                     passed in respect thereof.
                                     (4) The officer or employee against
                     whom disciplinary proceedings has The been
                     initiated, shall not receive any pay and/or
                     allowances after the date of superannuation and
                     also not be entitled for the payment of retirement
                     benefits till the proceeding is completed and final
                     order      is   passed      thereon   except   his   own
                     contribution to Contributory Provident Fund
                     (CPF).”

                         8. A plain reading of Rule 45 states that for the

         purposes of disciplinary proceedings on a charge of misconduct

         by an employee who attains the age of superannuation, he shall
Patna High Court CWJC No.1221 of 2017 dt.24-02-2026
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         be deemed to be in service even after the age of superannuation

         for the specific purpose of continuation and conclusion of the

         disciplinary proceedings and issue of final orders thereon.

                         9. Sub-Rule (3) of Rule 45 states that the officer or

         employee against whom disciplinary proceeding has been

         initiated shall cease to be in service on the date of

         superannuation but the disciplinary proceeding shall continue as

         if he was in service until the proceedings are concluded and

         final order is passed in respect thereof.

                         10. Sub-Rule (4) of Rule 45 creates a bar from

         receiving any pay and/or allowances as well as retirement

         benefit after the date of superannuation of the charged employee

         till the proceeding is completed and final order is passed

         thereon, except his own contribution to Contributory Provident

         Fund (CPF).

                         11. Rule-45 of Uttar Bihar Gramin Bank (Officers

         and Employees) Service Regulations-2010, thus, clearly

         empowers the Bank Authority to continue with the disciplinary

         proceeding and passed any penalty even after superannuation of

         an employee of the Bank. Therefore, this Court does not find

         any illegality or arbitrariness in the impugned orders dated

         20.04.2016 and 05.10.2016. When the petitioner is dismissed

         from service, he is not entitled to get any arrear pay and
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                      allowances or retiral benefits.

                                      12. Lastly, it would not be out of place to mention

                      that the petitioner did not challenge the process of inquiry,

                      manner of conducting such inquiry, illegality, arbitrariness and

                      malafide against the order of the Disciplinary Authority and the

                      Appellate Authority. The writ petition was confined, only

                      raising the question mentioned in the first paragraph of this

                      judgment.

                                      13. This Court on due consideration of 2010-

                      Regulations finds that the respondent Authority is well within its

                      legal and statutory parameter in passing the impugned orders.

                                      14. Thus, I do no find any merit in the instant writ

                      petition. Accordingly, the instant writ petition is dismissed on

                      contest.

                                      15. However, there shall be no order as to cost.




                                                (Bibek Chaudhuri, J)

mdrashid/-
AFR/NAFR                NAFR
CAV DATE                20.02.2026
Uploading Date          24.02.2026
Transmission Date       24.02.2026


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