KRISHNA VITHALRAO KULKARNI Vs. BANK OF INDIA

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks direction against the Respondents for reimbursement of legal expenses incurred by the Petitioner to defend his case and further seeks appropriate writ of mandamus against the Respondents for grant of retirement benefits.

(2.) The Petitioner was serving as Chief Manager of Respondent No.1-Branch at New Delhi.

(3.) In the year 1987, on the basis of accountability report, a departmental enquiry was initiated against the Petitioner in August 1998 on the allegation of irregularities in the operations of Respondent No.1-Bank. The departmental enquiry concluded on 21/11/1989, wherein the Petitioner was found guilty of accommodating M/s. Harison Tyre Company beyond his authority in highly irregular manner and jeopardizing banks interest and exposing the bank to serious financial loss. The Petitioner was dismissed from the service in accordance with Regulation 4(h) of the Bank of India Officer Employees (Discipline and Appeal) Regulation, 1976 with immediate effect and the said enquiry report further stated that by misconduct of the Petitioner, the Bank has suffered a loss of Rs.80.00 lakhs. The said order of departmental enquiry was challenged in appeal which came to be dismissed on 19/4/1990. The Petitioner challenged the aforesaid two orders before the Delhi High Court and on 13/8/2009, the Delhi High Court confirmed both these orders. The matter did not stop here, but the Petitioner challenged the said order of the Delhi High Court by filing an Intra-Court Appeal and on 14/7/2015, the Appeal Bench of Delhi High Court confirmed all the three aforesaid orders. Consequently, the findings of the departmental enquiry reached finality since there was no further challenge to the said proceedings before the Supreme Court.