CHINTAMANI PADHI Vs. UCO BANK

JUDGEMENT

(1.) THE present writ petitioner, Chintamani Padhi, has tiled this writ petition against the Chairman and Managing Director of United Commercial Bank and other officers praying inter alia:

(2.) THE facts of the case as it transpires from the: materials on record are that the petitioner while serving as Assistant Cashier in U. CO. Bank, Sambalpur Branch during the period from August 24,1977 to May 10,1978 there was an allegation of misappropriation of bank's money and a departmental proceeding was initiated against him by his employer. He was charge-sheeted on April 5,1978. The petitioner was placed under suspension with effect from August 28,1978. He was also criminally prosecuted before the Special Judge (Vigilance), Bhubaneswar in T. R. No. 17/79 under different Sections of the Prevention of Corruption Act and Indian Penal Code. The judgment was delivered by the Special Judge (Vig), on September 6,1986 and the petitioner was convicted. He was sentenced to suffer two years rigorous imprisonment and to pay a fine of Rs. 10,000/- in default, to undergo rigorous imprisonment for a further period of three months.

(3.) THE petitioner was dismissed by the Bank with effect from September 8,1988. He preferred Criminal Appeal No. 153 of 1986 before this Court. By judgment dated August 6, 1992 the appeal was allowed and on the ground of benefit of doubt the petitioner was acquitted. The petitioner was reinstated in service on June 19, 1993 vide Annexure-1 and further placed under suspension alleged to be with retrospective effect. In view of such facts and circumstances the petitioner has sought the reliefs as indicated above.