G. SASIDHARAN Vs. NEW BANK OF INDIA

JUDGEMENT

(1.) Petitioner was an employee of the respondent bank. He was placed under suspension on 24-12-1980 on account of certain alleged misconduct. After an enquiry, his services were terminated by order dated 19-11-1981. That order was quashed by this Court by judgment dated 25-5-1988. Thereafter, he was again suspended from service as per order dated 2-8-1988 with effect from 19-11-1981, the date on which he was removed from service. Thereafter, he was not paid subsistence allowance. So, he approached this Court by filing O. P. 3670/1989. Respondent bank agreed to pay the subsistence allowance due to the petitioner as per rules. Thereupon the Original Petitioner has been dismissed as having become infructuous. Petitioner was paid subsistence allowance till 31-3-1989. After an enquiry into the alleged misconduct, petitioner was removed from service by order dated 19-6-1990. That order is under challenge in O. P. 11466/1990. Salary of members of the staff of the bank was revised with effect from 1-11-1987. Petitioner wanted the subsistence allowance to be revised on the basis of the revised scale of pay. For that purpose, he moved this Court by filing O. P. 9932/1990. This Court, by Exhibit P1 judgment, directed the bank to dispose of petitioner's representations within two months from the date of receipt of a copy of the judgment. In compliance with that order, bank passed Exhibit P7 order holding that petitioner is not entitled to have the subsistence allowance revised on the basis of the new scales of pay, which came into force with effect from 1-11-1987. Hence this Original Petition.

(2.) A detailed counter affidavit has been filed on behalf of the bank, contending that petitioner is not entitled to have the subsistence allowance revised on the basis of the new scales of pay, which came into force with effect from 1-11-1987.

(3.) Respondent bank has promulgated rules in exercise of the powers under S.19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 for dealing with the discipline and appeal of its employees. That rule is known as "New Bank of India Officer Employees' (Discipline and Appeal) Regulations, 1982". R.12 of the Rules deal with suspension of employees. Clause (4) of that Rule is relevant for the instant Case. It is in the following terms: -