S M GUPTA Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) Petitioner by this writ petition seeks a writ of mandamus directing the respondent bank to release and pay, subsistence allowance for the period from 25.5.1995 to 9.12.2002. Petitioner pursuant to a departmental enquiry had been dismissed from service, vide order dated 25.5.1995. The said order of dismissal was set aside on 10.12.2002. Hence the claim for subsistence allowance for the period from 25.5.1995 to 9.12.2002. Petitioner additionally seeks release of part of the subsistence allowance for the earlier period from 1.11.1992 to 25.5.1995 which has been retained by the bank under lien for the alleged frauds perpetuated by the petitioner, as set out in letter dated 18.3.1997, Annexure P-10. Petitioner also seeks a direction for reimbursement of medical expenses.

(2.) Petitioner who had joined service with respondent bank as a Clerk, advanced in career and reached the position of Manager. He was posted at Branch office at Gurgaon.

(3.) A complaint was filed by respondent bank alleging misappropriation of its funds. Petitioner is being prosecuted for the same and a criminal trial is stated to be pending.