O.P.AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who at the relevant point of time was posted as a Branch Manager of the Central Bank of India, Phawara, Agra Branch, has filed the present writ petition, challenging the orders passed against him dated 31.1.2008, 4.1.2010 and 19.7.2010, whereby he has been compulsorily retired. The disciplinary authority by the order dated 31.1.2008, contained in annexure-11 to the writ petition, found the charges levelled against the petitioner proved in the disciplinary proceedings and consequently, awarded dismissal from service. The appellate authority by the order dated 4.1.2010 affirmed the punishment imposed. The reviewing authority, however, vide its order dated 19.7.2010 found that there was nothing on record to substantiate the primary allegation of connivance levelled against the petitioner and only the charge of negligence was found proved against the petitioner, consequently, the punishment of dismissal was modified by imposing the punishment of compulsory retirement under the relevant service regulations, relevant portion whereof is reproduced:-

(2.) It is this order of compulsory retirement, which operates against the petitioner and is the subject matter of challenge. During pendency of the writ petition, the petitioner has also attained the age of superannuation.

(3.) It appears that the petitioner was posted as Branch Manager, Phawara Branch at Agra of the Central Bank of India, disciplinary proceedings were initiated against him, for which a charge sheet was issued. Following three charges were levelled against the petitioner.