LAWS(ALL)-2023-4-159

CHAIRMAN AND MANAGING DIRECTOR Vs. VIJAY AGARWAL

Decided On April 12, 2023
CHAIRMAN AND MANAGING DIRECTOR Appellant
V/S
VIJAY AGARWAL Respondents

JUDGEMENT

(1.) Heard Sri Vishnu Pratap learned counsel appearing for the appellant/respondent and Sri Ajay Rajendra, learned counsel appearing for the respondent/petitioner.

(2.) Petitioners, herein, a bank, by the instant intra court appeal has raised challenge to the judgment and order dtd. 26/7/2021, passed by the learned Single Judge in Writ-A No. 43450 of 2014 (Vijay Agarwal vs. Chairman and Managing Director Central Bank of India and others) to the extent that the impugned order has directed appellant to pay arrears of salary and consequential benefits for the period of dismissal until reinstatement.

(3.) The respondent/petitioner was out of service pursuant to an order of dismissal dtd. 4/8/2006 until his reinstatement 24/8/2013. Aggrieved, by the dismissal order the respondent/petitioner filed a writ petition being Writ-A No. 17804 of 2007, which came to be allowed only on the quantum of punishment imposed on the respondent/petitioner. The writ Court was of the opinion that the punishment imposed is not commensurate to the guilt, accordingly, a lesser punishment would suffice. The operative portion of the order reads thus: