BANK OF INDIA Vs. M R NATARAJAN

JUDGEMENT

(1.) THE respondent has joined under the appellant Bank in 1956 as a Clerk and subsequently, he was promoted as an Officer from April 1, 1962 and his date of superannuation was October 31, 1997. He was placed under suspension by the appellant on september 15, 1981 as per Clause 12 (1) (a) of bank of India Officer Employees (Discipline and appeal) Regulations, 1976, (in short, "the regulations") contemplating disciplinary action against him in respect of misconduct and irregularities. Subsequently, by an order dated may 6, 1982, a modified suspension order was passed by the appellant continuing the earlier order of suspension also on the basis that certain criminal offence against the respondent is under investigation/enquiry and that order was passed pursuant to Clause 12. 5 (b) of the Regulations, stating that the suspension will also be treated as suspension pending investigation/enquiry or trial of criminal offences in terms of Clause 12 (1) (b) of the Regulations.

(2.) BY order dated August 28, 1997, the appellant Bank passed an order informing that the respondent is due for superannuation on october 31, 1997 and in terms of Clause 20 (3) (iii) of the Bank of India (Officers)Service Regulations, 1979, ordering that the employee will cease to be in service of the Bank as on October 31, 1997, but since criminal proceedings have been launched against him, he shall continue to be in service till the criminal case is concluded and final order is passed, further stating that he will not be eligible for any pay and not entitled for any retirement benefits till the criminal proceedings are completed and final order passed.

(3.) IT is also admitted that the appellant has allowed the respondent to retire on attaining superannuation with effect from October 31, 1997. After his retirement, on November 4, 1997, the respondent was convicted under the prevention of Corruption Act. He has filed an appeal against the said conviction in Criminal appeal No. 903 of 1997 before this Court and this Court, by order dated November 21, 1997, granted stay of the sentence. It is not in dispute that ultimately, the criminal appeal has ended in acquittal of the respondent on merit by judgment dated April 8, 2005.