ANDHRA BANK Vs. W T SESHACHALAM

JUDGEMENT

(1.) The point involved in this appeal is short and relates to the question as to what amount, the appellant is liable to pay as subsistence allowance to the respondent during the period he remained under suspension, in the light of the provisions as contained in the Sastry Award, Desai Award and the Bipartite Agreement on the subject as well as the rules of the bank. The learned single Judge held that the respondent was entitled to full salary as subsistence allowance right with effect from 1-6-1991 in accordance with para 17.14 of the Third Bipartite Settlement. On appeal before the Division Bench it was held that the respondent would though be entitled to the amount of full salary as subsistence allowance but from 10-3-1994 to 14-7-2001, the date on which the respondent was dismissed from service.

(2.) The respondent was employed as a clerk in the appellant-Andhra Bank and was working as cashier at Chennai. On 21-5-1990 a fire broke in the cash cabin in connection whereof it appears a police report was also lodged on 1-6-1990. The petitioner was placed under suspension during the "regular departmental action."

(3.) A charge-sheet was filed against the respondent in the criminal case under Ss. 409/436 of the Indian Penal Code in July, 1993. A charge memo was issued to the respondent by the appellant on 29-12-1993. The respondent was convicted by the trial Court by order dated 25-1-1994. The appeal of the respondent was, however, allowed and his conviction and sentence was set aside by the appellate Court by order dated 10-3-1994. After the acquittal of the respondent an Enquiry Officer was appointed on 13-9-1994 to hold an enquiry into the departmental proceedings.