DEHI RAM BARUAH Vs. UCO BANK

JUDGEMENT

(1.) The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is being sought to be invoked by means of this writ petition whereby the petitioner has put to challenge an order of penalty of Compulsory Retirement which has also been upheld by the Appellate Authority. The petitioner was an officer of the UCO Bank and the aforesaid penalty has been imposed after a Departmental Proceeding.

(2.) According to the projection made by the petitioner, he was working as a Clerk-cum-Cashier in the Mukalmua Branch of the UCO Bank against whom a Departmental Proceeding (DP) was initiated vide issuance of a charge sheet in the year 2004 which included two number of charges. In the said proceeding, the petitioner was found guilty in respect of one charge which was followed by an order of dismissal. The said order of dismissal was also confirmed by the Appellate Authority in the departmental appeal preferred by the petitioner.

(3.) The aforesaid actions were the subject matter of WP(C)/1106/2006. This Court vide an order dtd. 15/11/1010 had, however, set aside the order of dismissal. The Court had, however, remanded the matter with a direction for reinstatement with a further rider that the petitioner would be kept under suspension. Subsequently, on 15/3/2011, the petitioner was reinstated in service followed by an order dtd. 24/3/2011 by which, he was again put under suspension. Thereafter, a fresh disciplinary proceeding was initiated which culminated in an order dtd. 11/8/2011 by which a fresh penalty of Compulsory Retirement was imposed on the petitioner. The order, however, made it clear that the petitioner would be entitled to the superannuation benefits. The petitioner was unsuccessful in the departmental appeal which was rejected vide order dtd. 2/12/2011. It is the order of imposition of penalty of Compulsory Retirement as well as treating the earlier period as not to be in service which are the subject matter of challenge in the present writ petition.