Y.SHIVAJI Vs. ANDHRA BANK,REP.BY ITS CHAIRMAN & MANAGING DIRECTOR,PATTABHI BHAVAN, SAIFABAD,HYDERABAD

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondents.

(2.) The petitioner joined as a Clerk in Andhra Bank in the year 1964 on temporary basis and his services were regularized in the year 1966. He was promoted to the scale of Junior Management Grade I in 1974, to the scale of Middle Management Grade II in 1978 and to the scale of Middle Management Grade III in 1988. While so, he was convicted in C.C.No.1642 of 2000 by the learned II Additional Metropolitan Magistrate, Vijayawada, by imposing a sentence of imprisonment of one year and a fine of Rs.1,000/ - by judgment dated 06.06.2001. Based on the same he was dismissed from service by order dated 10.04.2002. The petitioner preferred an appeal in Criminal Appeal No.67 of 2001 before the learned VIII Additional District and Sessions Judge, Vijayawada. Since the appeal was allowed by order dated 17.10.2003 acquitting the petitioner of all the charges, he was reinstated into service on 04.02.2004. He retired from service on attaining the age of superannuation on 30.04.2004. Two departmental enquiries were initiated against the petitioner by issuing charge sheets dated 03.10.2000 and 14.12.2000. An enquiry officer was appointed to conduct the two enquiries and he submitted two enquiry reports. Though the petitioner retired from service on 30.04.2004, the bank continued the disciplinary proceedings against him after superannuation and imposed the punishment of compulsory retirement from service by order dated 19.10.2004. He had more than 240 days of "privilege leave" accumulated to his credit as on the date of retirement from service on 30.04.2004 and he submitted representations on 28.03.2005 and 28.04.2009 to the third respondent. The third respondent rejected the said request by order dated 07.12.2009 for encashment of "privilege leave" and challenging the same the present Writ Petition was filed.

(3.) A counter affidavit was filed on behalf of the respondents admitting the initial conviction in C.C.No.1642 of 2000 and subsequent setting aside of the same by the appellate Court. It was further stated that the petitioner was kept under suspension pending enquiry into the charges alleged against him in charge sheets dated 03.10.2000 and 14.12.2000. The petitioner was also informed that his suspension would continue till disposal of the disciplinary proceedings initiated against him in respect of the above charges. The service of the petitioner was extended for the limited purpose of completing the disciplinary proceedings under Regulation 20(3)(iii) of Andhra Bank (Officers') Service Regulations, 1982 (for short, the Regulations). Though the major penalty of compulsory retirement was imposed on the petitioner, the petitioner neither preferred any appeal against the penalty imposed nor challenged the penalty in any Court or Forum and thus it has become final. All the terminal benefits for which the petitioner was eligible were settled and paid to him. But, with regard to the leave encashment, the petitioner was not entitled for the same under Regulation 38 of the Regulations, which debars the petitioner from claiming leave encashment. The exit of the petitioner from the service of the bank was by way of termination i.e., compulsory retirement and the leave standing at the credit of such an employee shall lapse on his termination from services. It was further stated that there should be difference between the employee who retired on superannuation and the employee who visited with the punishment of compulsory retirement. However, it was admitted that there was 240 days "privilege leave", computed at one day for every eleven days of service, available as on the date of his retirement from service.