GENERAL MANAGER CANARA BANK Vs. PRAKASH MANDAVE

JUDGEMENT

(1.) The Appellants/Bank has filed this Writ Appeal under Sec. 2(1) of Madhya Pradesh Uchcha Nayalaya (Khand Naypeeth Ko Appeal) Adhiniyam, 2005 against the order dtd. 6/4/2018 passed by Writ Court in Writ Petition No. 3011 of 2017 whereby Writ Petition filed by the respondent (hereinafter referred to as '' Writ Petitioner'') has been allowed. The facts of the case, in short, are as under;-

(2.) The appellants are the General Manager, Regional Manager, and Branch Manager of the then Syndicate Bank now which has been merged with Canara Bank ( hereinafter referred to as "the Bank" ). The respondent was posted as Manager at Gandhibag Branch, Nagpur. During the period between 9/11/2010 and 30/9/2011. He was caught red-handed by the Central Bureau of Investigation (hereinafter will be referred to as ''CBI'' for convenience) while accepting a bribe of Rs.5,000.00 from Smt. Radhika Headau customer/borrower of the Branch. An FIR was registered for the offence punishable under Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short ''Act, 1988'') and a charge-sheet was filed before the competent court.

(3.) On account of the aforesaid incident, a charge-sheet dtd. 14/6/2014 vide Regulation No.6 of Syndicate Bank Officer Employees (Discipline and Appeal) Regulation, 1976 was also served to him as he abused the official position for demanding and accepting the pecuniary advantage of Rs.5,000.00 in violation of Regulation 3(1) read with Regulation 24 of Syndicate Bank Officer Employees' (conduct) Regulations, 1976 which is having statutory force. The writ petitioner submitted a reply to the charge-sheet and participated in the departmental enquiry. During the pendency of the departmental enquiry, the writ petitioner attained the age of superannuation, therefore, he ceased to be in service w.e.f. 30/6/2014 but by virtue of Sec. 20 (3) (iii) and 46 (1) of Syndicate Bank (Employees') Pension Regulation, 1995, the departmental enquiry continued an enquiry report was submitted on 28/12/2015 to the disciplinary authority. A second show cause notice was served to the writ petitioner to which he submitted a reply and thereafter vide order dtd. 31/12/2015 penalty of dismissal from service was imposed upon him.