A.S. Ariyaratne Vs. National Savings Bank and others – CA WRIT/140/2014-2014

In the case between A.S. Ariyaratne (Petitioner) and the National Savings Bank (NSB) and its officials (Respondents), the court addressed the issue of whether the Petitioner’s retirement benefits could lawfully be withheld on the basis that disciplinary proceedings were “contemplated” at the time of retirement, as provided under Rule 21.3 of NSB’s disciplinary rules. It was held that the withholding of pension benefits was unlawful, as no contemplated disciplinary action was communicated to the Petitioner upon or prior to retirement, and the later-issued charge sheet did not satisfy the prerequisites under Rule 21.3. This decision reaffirmed the principle that disciplinary procedures impacting retirement benefits must be commenced or at least expressly contemplated and notified before reti