AMAR NATH UPADHYAY Vs. CHAIRMAN AND MANAGING DIRECTOR (COMPETENT AUTHORITY), CENTRAL BANK OF INDIA, BOMBAY AND ORS.

JUDGEMENT

(1.) Heard Sri Govind Krishna, learned counsel for the appellant, Sri Vishnu Pratap, learned counsel for the respondents and perused the record.

(2.) This Special Appeal challenges the validity and correctness of the impugned judgment and order dated 20.11.2009 passed by the learned Single Judge in Civil Misc. Writ Petition No. 58982 of 2009, Amar Nath Upadhyaya versus Chairman& Managing Director, Central Bank of India and others whereby the aforesaid writ petition was dismissed.

(3.) Brief facts giving rise to the instant special appeal are that the appellant joined the services as Peon in Central Bank of India in the year 1958 and was promoted on the post of Lower Division Clerk in the year 1970. He applied for grant of loan of Rs. 51615/- from the respondent-bank for the purpose of construction of a house on plot no. 363, which belonged to him. He also executed a mortgage-deed against aforesaid plot in favour of the respondent-bank. Thereafter he sold his aforesaid plot in the year 1990. On coming to know about the sale of mortgaged plot the respondent-bank issued charge sheet to him and a departmental enquiry was set-up. The Enquiry Officer considering the explanation and the material on record as well as evidence found the charges to be proved against the delinquent employee. The employee was awarded punishment vide order dated 3.1.1995 of compulsory retirement/removal from service/discharge with superannuation benefits as would be due otherwise at that stage and without disqualification from future employment. An appeal preferred by the employee was partly allowed on 24.2.1996 and the punishment was modified to compulsory retirement with superannuation benefits and without disqualificatio n for future employment. Being not satisfied, he filed mercy appeal before the Chairman/Managing Director of the Bank whereupon the punishment was further modified to reduction to lower stage in the scale of pay by two stages permanently.