D. JAGADEESAN Vs. BANK OF BARODA AND ORS.

JUDGEMENT

(1.) By the instant intra-Court appeal, the appellant assails the order dated 14.12.2012 passed by the Writ Court in W.P. No.20364 of 2011, whereunder, the said writ petition was dismissed. The writ petitioner preferred the said writ petition, seeking a direction to the respondents to grant encashment of leave for 8 months, accrued interest for Provident Fund from 01.07.2003 to 04.11.2008, 6 months pay and allowances as per the service conditions of officers employed in Bank of Baroda and also to treat the period of suspension as duty period and pay the arrears of salary from 18.08.2001 to 31.03.2003, to him.

(2.) For the sake of brevity and convenience, the parties are referred to as per their rank in the instant appeal.

(3.) The factual backdrop leading to the filing of the aforesaid writ petition are that the appellant, while working as Senior Manager of the respondent bank, was placed under suspension on 18.08.2001 in contemplation of the proposed disciplinary enquiry on an allegation of misappropriation/embezzlement of cash to the tune of Rs.50,000/-. A charge memo dated 11.09.2011 to that effect was issued to the appellant. After proper enquiry, the appellant was dismissed from service by order dated 28.03.2003 and thereafter, the departmental appeal preferred by the appellant was also dismissed on 27.09.2003. Thereagainst, a writ petition being W.P. No.35916 of 2003, was filed by the appellant on the file of this Court. This Court, having considered all aspects of the matter, held that the punishment of compulsory retirement would meet the ends of justice, because the appellant and his family can lead some respectable life in the society with the punishment of compulsory retirement, rather than the punishment of dismissal from service and as such, the punishment of dismissal from service was converted to one of compulsory retirement. Thereafter, the appellant made a representation to the respondents to treat the period of suspension as duty period and also sought grant of consequential benefits. Pursuant thereto, on 14.10.2008, the respondent bank sanctioned a sum of Rs.3,08,330/- payable in two instalments towards Gratuity. A sum of Rs.2,93,500/- and the balance amount of Rs.14,830/- was also paid on the same day separately. In addition, Provident Fund to the tune of Rs.7,23,472/- with interest for 3 months as per Rule 21 of the Bank of Baroda Provident Fund Rules was paid to the appellant on 04.11.2008. The other reliefs sought by the appellant were rejected. Being aggrieved, the appellant had come up with the instant writ petition, seeking the aforestated directions.