BANAMBAR PANDA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking the following relief:

(2.) The petitioner's date of birth being 24.04.1946, he was selected and appointed as an Assistant on 16.03.1971 under the United Bank of India. Thereafter he was promoted to the post of Deputy Manager in the year 1978. While continuing as District Coordinating Officer in Sundargarh district he was placed under suspension w.e.f. 29.11.1994 in connection with T.R. Case No. 65/49/1999/1994 started before the Special Judge (C.B.I.), Bhubaneswar pursuant to investigation conducted by the C.B.I. Petitioner was convicted of the charge under Section 13(2) and 13(1) (d) of the Prevention of Corruption Act, 1988 and was sentenced of two years imprisonment vide judgment dated 30.09.1999. The said order of conviction and judgment being challenged before this Court in Criminal Appeal No. 256 of 1999, his conviction and sentence were set aside by judgment passed in appeal on 14.09.2007 by when he had already retired on superannuation w.e.f. 30.04.2006. It is stated that since the petitioner has been acquitted after the date of his superannuation, he could not have been reinstated in service but he claims financial benefits admissible to him with effect from the date of his suspension, i.e. 29.11.1994.

(3.) Mr. D.R. Pattnaik, learned counsel for the petitioner strenuously urged that after being acquitted of the