DHARMENDRA MISHRA Vs. THE REGIONAL MANAGER AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Despite repeated calls, none appears on behalf of the respondents. However, a counter affidavit filed on behalf of the respondent Bank is available on the record. The petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking direction upon the respondents to pay him the terminal benefits for which he is legally entitled to.

(2.) Admittedly, the petitioner was appointed on the post of Clerk-cum-Typist by the competent authority of the Respondent State Bank of India and he joined the post on 12.4.1979. While the petitioner was posted and working on the said post at Sikandara Branch of the respondent State Bank of India, he was subjected to a disciplinary proceeding with respect to the charges of fraud and embezzlement of money of customers. The petitioner participated in the aforesaid disciplinary proceeding. The enquiry officer submitted his enquiry report and out of four charges, charge No. 1 and 3 were found to have been proved. On the basis of the findings recorded by the enquiry officer, the disciplinary authority inflicted upon him the punishment of dismissal from service.

(3.) The petitioner, being aggrieved by the aforesaid order of punishment finally preferred CWJC No. 10333 of 1995 assailing the correctness and validity of the order of punishment passed against him. The aforesaid writ petition filed by the petitioner was finally disposed of by a Bench of this Court by the order dated 7.12.1995 (Annexure-2) and the matter was remitted back to the appellate authority for passing a fresh order.