AIROnline 2024 SC 759

State Bank of India Act (23 of 1955) , S.43— State Bank of India Officers Service Rules (1992) , R.68— Dismissal from service – Initiation of disciplinary proceedings after superannuation – Legality – While respondent was due to superannuate on 26.12.2003, on completion of 30 years of service, he was granted extension of service from 27.12.2003 to 01.10.2010 – On 18.08.2009, a notice highlighting serious irregularities allegedly committed by him was issued – Disciplinary authority decided to initiate disciplinary proceedings by issuing show cause notice dated 18.03.2011 along with articles of 28 charges – There was no further continuance of service beyond 01.10.2010 – Disciplinary proceedings were initiated when charge memo was issued after extension of service was over – No disciplinary proceedings can be initiated after delinquent employee or officer retires from service on attaining the age of superannuation or after the extended period of service – Receipt of subsistence allowance beyond 1.10.2010 or respondent declaring that he would superannuate on later date on attaining age of 60 years would not make any difference – Directions were issued to release all service dues of respondent.
AIROnline 2020 Jha 1503-AffirmedAIR 2023 SC 5628-Relied on

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