CANARA BANK Vs. CHANDRAKANT A PURANIK

JUDGEMENT

(1.) THE Management of Canara Bank has preferred this intra-Court appeal being aggrieved by the order dated 17th April, 2001 of the learned Single Judge allowing W. P. No. 5284 of 1998, quashing the order of compulsory retirement Annexure-S; the order of dismissal of the statutory appeal Annexure-Y and further declaring the writ petitioner to have retired from service under the Voluntary Retirement Scheme (for short, 'the VRS'), entitling him to all consequential benefits.

(2.) FACTS in brief, germane to the decision making are as under Respondent, hereinafter, for brevity is referred to as, 'officer', joined the services of the appellant-Bank on 19-2-1959 and in the year 1965, was promoted to the post of Divisional Manager in Senior Management (Grade Scale IV.) The appellant by order dated 5-4-1993 transferred the officer from Mumbai to work at the Welfare Office, Circle Office at lucknow. The Officer did not report to duty, but, sought for leave of absence on medical grounds, which was sanctioned upto 15-1-1994. In the interregnum, on 4-1-1993, the Officer was relieved of his duties at mumbai.

(3.) THE Officer by letter dated 6-12-1993 Annexure-A addressed to the chairman of the appellant requested for permission for voluntary retirement under Voluntary Retirement Scheme of the Bank and to commute the pension in terms of the settlement entered into between the Officers' Association and the Bank. The Officer had requested the said letter to be treated as notice of retirement and to adjust the balance period of notice against unavailed leave standing to his credit. Although the Officer was directed to report at the transferred place of posting and to take medical treatment from the Bank's designated medical practitioner at Lucknow, he failed to do so. On the contrary, by his letters at Annexures-C, D and E, he reiterated his request to consider the application for voluntary retirement. Since the Central Bureau of investigation had launched prosecution against the Officer in the case registered as RC No. 18 of 1985 pending in the Court at Bangalore, the appellannt by its letter dated 21-10-1994 at Annexure-F called upon the officer to give his written consent for consideration of his application subject to his terminal benefits being withheld until the disposal of the cbi case, though the condition stipulated in the Voluntary Retirement scheme was, that the Officer concerned should not have any CBI case pending against him. The Officer by his reply dated 17-4-1995 at annexure-K did not extend his willingness/consent for such a consideration, but, requested the Bank to keep the said application in abeyance until disposal of the CBI case against him, while at the same time sought for extension of leave.