N M JAIN Vs. VIJAYA BANK

JUDGEMENT

(1.) THE writ petition has been filed by the petitioner for issuance of writ, order or direction in the nature of mandamus directing the respondent Bank to release full pay and allowances to the petitioner for the period of his suspension w.e.f. 12.11.1996 to 12.10.1999 with consequential benefits along with interest @ 12% per annum and to release difference of subsistence allowance for the said period along with interest.

(2.) THE facts giving rise to the present writ petition are that the petitioner was working as Senior Manager in Vijaya Bank; his service conditions were governed by Vijaya Bank Officer Employees' (Discipline and Appeal) Regulations, 1981; petitioner was suspended on 11.07.1996 on account of alleged irregularities while handling public issues of M/s G.K. Consultants Ltd., M/s Grivs Hotels Ltd. and M/s Natura Hue -Chem Ltd.; he preferred an appeal dated 22.07.1996; suspension order was revoked and petitioner was posted at Zonal Office vide order dated 13.08.1996; petitioner was again suspended vide order dated 12.11.1996; an FIR was registered by the CBI against the petitioner amongst others; petitioner preferred an appeal dated 18.02.1997 which was rejected by the Bank vide order dated 20.05.1997; a charge -sheet dated 09.05.1998 was served upon the petitioner; another charge -sheet dated 31.07.1998 was served upon him; after inquiry major punishment of dismissal was given on 12.10.1999; name of the petitioner was dropped in the charge -sheet filed by the CBI; petitioner submitted a representation dated 09.08.204 for release of his pay and allowances but no response to the same was received.

(3.) THE case of the respondents reflected from the counter affidavit is the denial of the contentions of the petitioner. The petitioner was working as Senior Manager, Vijaya Bank at Ansari Road Branch from 23.04.1991 to 30.05.1996; he was suspended vide order dated 11.07.1996 for committing various irregularities; suspension was revoked vide order dated 13.08.1998; a charge sheet dated 09.05.1998 was issued to him; after conducting departmental inquiry, he was dismissed from services vide order dated 12.10.1999; after revocation of suspension, petitioner was once again suspended vide order dated 12.11.1996; charge sheet dated 31.07.1998 was issued to him; an inquiry was conducted which could not be completed due to his dismissal from service in another charge -sheet; petitioner was not entitled to receive any pay and allowances for the period 12.11.1996 to 12.10.1999 as he did not fall under Regulation 15(1) of the Bank Regulations.