In Brief
M.B. Motwani, an Assistant General Manager at UCO Bank, attained superannuation on 31 July 1991. On 17 June 1991, he received a show-cause notice for alleged irregularities; a chargesheet followed on 7 December 1991 (after retirement). The bank suspended him under the 1979 Regulations and later dismissed him. The Supreme Court held that disciplinary proceedings are initiated only upon chargesheet issuance, not show-cause notice. The legal fiction deeming an employee to remain in service applies only if chargesheet issued before superannuation. Since Motwani's chargesheet post-dated his retirement, no valid proceeding could be initiated. The Court dismissed the bank's appeal, restoring his service benefits with interest.
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