S S KAUSHAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the order in Writ Petition No. 4055/2000 decided on October 9, 2000. Contention of the appellant, that he be treated, in continuous service for the purposes of pensionary/retiral benefits from the date of his removal, after departmental enquiry by the employer, which though quashed by this Court but maintained by the Supreme Court, till the date of judgment of the Supreme Court in previous round of litigation, has been rejected by the learned single Judge.

(2.) SHORT facts of the case are that the petitioner was appointed in respondent-Bank on March 31, 1967. He was served with a charge sheet. After departmental enquiry, petitioner was removed from the service on May 8, 1984 vide order Annexure P/1.

(3.) AGGRIEVED by the order of removal, appellant filed an appeal to the appellate authority, but the same was dismissed and communicated to him on January 25, 1985. Appellant filed Misc. Petition No. 375/1987. Division Bench of this Court vide order (Annexure P/2) on January 15, 1992 allowed the writ petition and the order of removal was set aside. The appellant was directed to be reinstated with half back wages payable to him on reinstatement. Respondent-Bank, aggrieved by the order of this Court, filed Special Leave Petition No. 8147/1992 before the Supreme Court. On August 17, 1997, the Supreme Court passed interim order (Annexure P/3) staying the order passed by this Court on the condition that the respondent will pay to appellant subsistence allowance for the period from the date of dismissal in accordance with law and continue to pay subsistence allowance in future till further orders. But the Supreme Court finally allowed the appeal on January 12, 1994 (Annexure P/4) and the order of punishment was restored without any other order.