POORAN CHAND Vs. GENERAL MANAGER CANARA BANK

JUDGEMENT

(1.) This intra court appeal is directed against the order dated 04.08.2014 passed in Writ A No. 13867 of 2010 whereby, the learned Single Judge of this Court has rejected the claim of the petitioner appellant for back wages and counting of service from the date of dismissal (for his conviction in a criminal case) i.e., 26.08.1995 to the date of reinstatement (after he was acquitted) i.e., 27.11.2007.

(2.) The relevant factual aspects are not much in dispute. The petitioner-appellant was working on the post of clerk since 31.01.1978 with the respondent-bank; and was promoted to the post of Special Assistant in the year 1985. An F.I.R. came to be lodged upon unnatural death of a lady Smt. Sunita Bharti, who was married to the appellant earlier; but was later on allegedly married to the other accused Bhagwan Singh. Though the appellant was not named initially in the said F.I.R., but was implicated later on.

(3.) In connection with the said criminal matter, the appellant was arrested on 28.11.1986 and the bank proceeded to suspend him from service on 27.11.1986. He was released on bail and the bank proceeded to revoke the suspension order on 27.03.1987. However, the appellant was convicted under Sections 306, 120-B, IPC by the Additional Sessions Judge, Agra in his judgment and order dated 26.08.1995 passed in S.T. No. 366 of 1987; and he was sentenced, inter alia, to 7 year's rigorous imprisonment. In view of this conviction, the bank proceeded to dismiss the appellant from service in terms of the provisions contained in Chapter XI, Regulation 21 Clause 3(a) of the Canara Bank Service Code. Against the conviction and sentence, the appellant preferred an appeal bearing No. 1488 of 1995, which was considered and allowed by a learned Single Judge of this Court on 14.05.2007; and the appellant was acquitted. In view of this acquittal, the bank proceeded to reinstate the appellant in service on 27.11.2007, but without back wages while treating the period from 26.08.1995 to 27.11.2007 as the period "not spent on duty". The petitioner-appellant preferred Writ Petition No. 12701 of 2008 in this Court which was disposed of on 22.05.2009 requiring the respondent-bank to consider his representation where he had claimed continuance of service and back wages. The representations of the appellant were considered and rejected by the respondent-bank on 01.01.2010, inter alia, with the following observations: