(1.) This writ petition is directed against the order of the Deputy General Manager bearing No. PRS:BNG:DGM:0/93/13, dated March 19, 1993, copy of which has been annexed by the petitioner as Annexure-M. This is the order of punishment by which the petitioner's basic pay has been ordered to be reduced by one stage with cumulative effect in the time scale of pay with immediate effect for the breach of Regulation 3(1) read with Regulation 24 of the Syndicate Bank Officer Employees' (Conduct and Appeal) Regulations, 1976, as found by the punishing authority. Punishing authority has further ordered that as regard the back wages the petitioner shall not be eligible for any back wages for the period of suspension as well as for any benefits for that period during which he was under suspension and further directed that his absence shall not be treated as on duty.
(2.) The petitioner has also challenged the appellate order bearing No. 69:PD:IRD:DA-7, dated June 9, 1993 passed by the General Manager, copy of which the petitioner has annexed as Annexure-P whereby the appellate authority has dismissed the petitioner's appeal. Thus the petitioner has prayed for writ, order or direction in the nature of certiorari being issued quashing the above-mentioned orders dated 19-3-1993 passed by the Deputy General Manager and 9-6-1993, passed by the General Manager. The petitioner has further prayed he may be declared entitled to get the salary for the period of suspension from 3-12-1976 until he rejoined duties pursuant to order dated 25-9-1990, whereby the order of suspension had been revoked and for further declaration of Circular No. 136/91/BC/PD/ 28/IRD, dated 27th May, 1991 being illegal, arbitrary and unenforceable. The petitioner has also claimed for a residuary relief to the effect that such further order or directions may be issued in favour of the petitioner and against respondents as this Hon'ble Court deems fit and proper.
(3.) The facts of the case in brief are that the petitioner was Assistant Manager of the Syndicate Bank and was working at Shimoga on 3-12-1976. According to the petitioner's case the respondents passed an order of suspension bearing No. 4877-330-486-GM, dated 3-12-1976 placing the petitioner under suspension from the service of the Bank with immediate effect. The suspension order has been annexed by the petitioner as Annexure-C to the petition. It reads as under: