SAT PAL DHAWAN Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) The appellant, a JMGS-1 (Junior Management Grade Scale-I) officer, was discharged from service as Branch Manager, Branch Office, Dhilwan Kalan (Distt. Faridkot) vide order dated 2.6.2000 w.e.f. 28.4.2000 i.e. from the date of his conviction by the Special CBI Court, Patiala under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, in which he was sentenced to imprisonment for a period of two years. However, the conviction and sentence was set aside in Criminal Appeal No. 438-SB of 2000 titled as Sat Pal Dhawan v. State allowed vide order dated 15.2.2010. The appellant was placed under suspension on 10.3.1998 due to commission of criminal offence but after his acquittal he superannuated on 31.3.2003.

(2.) He had prayed in the writ petition for grant of terminal benefits on the basis of last pay drawn at the time of superannuation because he was being paid pension on the basis of his pay drawn at the time when the suspension order was issued in the year 1998.

(3.) The learned Single Judge allowed the writ petition to the extent of directing the respondent to draw calculations on the basis of last pay drawn as on the date of superannuation and pay arrears calculated with interest @ 6% from the date when it fell due till the date of its payment. However, his prayer for payment of full-wages from the period he remained under suspension was declined following the dictum of Supreme Court in the case of Reserve Bank of India v. Bhopal Singh, 1994 1 SCC 541 wherein it has been held that if the employee is absent on his own involvement in misconduct and the Bank is not in any way responsible for keeping him away from duties, cannot be saddled with liability to pay him his salary and allowances for that period.