K C RAIKWAR Vs. SYNDICATE BANK & ANOTHER

JUDGEMENT

(1.) This intra Court appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant - original writ petitioner against order dated 21.06.2017 passed in Writ Petition No.677/2017, whereby learned Writ Court dismissed the writ petition.

(2.) Facts of the case are that the appellant was an employee serving as the Branch Manager, Syndicate Bank Bagdi Branch, District Dhar (MP). On 15.01.1992 (Annexure P/1), a charge sheet was served upon him under Regulation No.6 of Syndicate Bank Officer Employees' (Disciplinary & Appeal) Regulations, 1976. On 17.07.1992 (Annexure P/3) his dismissal order was passed, after conducting a detail enquiry. Appeal against the order of dismissal was dismissed on merit. The appellant being aggrieved by the order of his dismissal and the order passed by the Appellate Authority, preferred a writ petition before this Court and the same i.e. Writ Petition No.592/1994 was dismissed by order dated 28.11.2005. Relevant paragraphs No.5 to 10 of the order dated 28.11.2005 passed in Writ Petition No.592/1004 read, as under: -

(3.) The appellant had also been prosecuted / convicted for an offence punishable under Sections 420, 120 and 477-A of the Indian Penal Code, 1860 and also under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and sentenced to undergo five years rigorous imprisonment with fine of Rs.1,000/-, two years rigorous imprisonment with fine of Rs.2,000/-, two years rigorous imprisonment with fine of Rs.2,000/- and two years rigorous imprisonment with fine of Rs.5,000/- respectively by the learned Special Judge (CBI), Indore in Special Case No.03/1996 vide judgment dated 30.03.2003. Thereafter, Criminal Appeal No.519/2003 was preferred by him before this Court. A Division Bench of this Court has acquitted the present appellant. After his acquittal, he filed Writ Petition No.677/2017 for grant of full back wages and reinstatement in service. The learned Writ Court was of the view that the prayer made by the appellant cannot be granted, as he has been dismissed from service, after holding a regular departmental enquiry and order of his dismissal from service has been upheld by the learned Appellate Authority as well as by this Court in Writ Petition No.592/1994 vide order dated 28.11.2005; and therefore, the said order has attained finality.