BASANT KUMAR SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to delete the prayer No. 5 relating to arrears of salary on account of the wage revision since 1997 in the course of the day. Heard learned counsel for the petitioner and learned counsel for the respondent State Bank of India.

(2.) The petitioner had come up to this Court after having been compulsorily retired on the basis of two charges in a departmental proceeding on 31.7.2004 for payment of pension with effect from 1.8.2004, balance of gratuity amount as per the rules, interest for the delayed payment of the provident fund amount and leave encashment as per the Rules. During the pendency of the writ petition, however, the full amount of gratuity and leave encashment having been paid the petitioner confines the submission to other two reliefs prayed for by him.

(3.) The brief facts necessary for the adjudication of the present matter are that the petitioner joined the services of the respondent Bank as a Clerk-cum-Cashier on 4.10.1977. On 1.8.1986 he was promoted in Junior Management Grade Scale-I. The petitioner was subsequently proceeded against departmentally in which he was found guilty of the charges and directed to be compulsorily retired with effect from 31.7.2004. The petitioner challenged the said order of compulsory retirement by filing CWJC No. 7070 of 2005 which was allowed by order dated 30.4.2007 and the decision of the disciplinary authority as also the appellate authority were quashed. Against the said order the respondent Bank filed LPA No. 500 of 2007 which was allowed by order dated 4.5.2010 with the following observations:--