ALLAHABAD BANK Vs. DEEPAK KUMAR BHOLA

JUDGEMENT

(1.) This is an appeal from the judgment of the Allahabad High court which had allowed the writ petition filed by the respondent and quashed an order of suspension which had been passed pending prosecution launched against him. Briefly stated the facts are that during the year 1984-85, the respondent was working as Clerk-cum-Typist in Allahabad Bank with one of its branches at Lucknow. An investigation was conducted by the Delhi Special Police Establishment and a case was registered on 29/8/1986. The CBI/spe, Lucknow, after investigation, submitted a report whereupon the Superintendent of Police wrote a letter dated 18/9/1987 to the appellant-Bank for according sanction for prosecution of the respondent and One other person namely Ajay Bhatia inter alia for criminal misconduct and cheating.

(2.) On the receipt of the aforesaid letter the appellant took steps to accord sanction to prosecute the respondent. It also decided to take action under clause 19.3 (0 of the First Bipartite Settlement, 1966 between the management and the Union and to suspend the respondent. Accordingly, the suspension order dated 23/9/1987 was passed which reads as under:

(3.) Pursuant to the sanction of the prosecution, a charge-sheet dated 29/9/1987 was filed in the court against the respondent. Thereupon, the court issued summons on 26/11/1987 to the respondent. After a few months, the respondent filed a writ petition in the Allahabad High court challenging the aforesaid order of suspension. By the impugned judgment dated 23/4/1991 the High court came to the conclusion that by the mere fact that a person had entered into the criminal conspiracy, it could not be regarded that an offence involving "moral turpitude" had been committed and, therefore, the appellant had no jurisdiction to pass the order of suspension. The High court, accordingly, quashed the suspension order and directed the payment of full salary and allowances to the respondent. This appeal arises as a consequence of special leave having been granted to the appellant.