SAHAJANAND RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Sanjay Kumar Rai, learned counsel for petitioner and Ms. Vatsala, learned counsel for respondent Nos. 2 to 5 (respondent-Bank).

(2.) By way of present petition, petitioner is challenging the orders dtd. 13/10/2010 and 11/8/2014 passed by Deputy Regional Manager, Bank of India, Regional Office, Varanasi, by which, petitioner has been denied the pension and leave encashment as well as para 3 of circular dtd. 24/8/2010.

(3.) Learned Senior Counsel submitted that petitioner was appointed on 13/8/1988 as Clerk-cum-Cashier under the respondent-Bank of India (hereinafter referred to as 'Bank') at district Bhadohi, which is a nationalized bank and comes within the purview of Article 12 of Constitution of India. Petitioner was posted at different places and lastly, he was posted at district Jaunpur in October, 2001 where disciplinary proceedings were initiated against him. He was issued departmental charge sheet dtd. 5/1/2002, upon which, Inquiry Officer has submitted inquiry report dtd. 11/2/2002. The inquiry report was supplied to the petitioner alongwith show cause notice dtd. 14/6/2002. Petitioner has submitted reply to the show cause notice and ultimately, vide order dtd. 19/9/2002 passed by the Chief Manager/Disciplinary Authority, petitioner was punished imposing penalty of removal from service in terms of clause 6(b) of Memorandum of Settlement dtd. 10/4/2002 (hereinafter referred to as 'Settlement, 2002'). Against that order, petitioner has filed an appeal before the Zonal Manager, Varanasi Zone, Varanasi. The appeal so filed by the petitioner was rejected vide order dtd. 28/3/2003. Aggrieved by the orders dtd. 19/9/2002 and 28/3/2003, petitioner has filed Writ Petition No. 17841 of 2003 (Sahajanand Rai vs. Bank of India and others) before this Court, which was also dismissed vide order dtd. 24/1/2007. Against that order, petitioner has filed Special Appeal No. 251 of 2007 (Sahajanand Rai vs. Bank of India and others), which was also dismissed vide order dtd. 9/12/2009. Lastly, petitioner has filed Special Leave to Appeal (Civil) No. 9596 of 2010, which was dismissed as withdrawn vide order dtd. 9/4/2010 with liberty to the appellant to approach the High Court by way of a review petition. Subsequent thereto, petitioner has filed review petition seeking review of the Division Bench judgment dtd. 9/12/2009 passed in Special Appeal No. 251 of 2007. The review petition has been dismissed by a Division Bench of this Court vide order dtd. 30/7/2010. Against the aforesaid judgment, petitioner has again preferred Special Leave to Appeal (Civil) No. 30627 of 2010, which has also been dismissed vide order dtd. 15/11/2010. He next submitted that as a consequence of aforesaid litigations, the penalty imposed upon the petitioner by order dtd. 19/9/2002 has attained finality.