LAWS(PAT)-2019-10-72

TARKESHWA PANDEY Vs. UTTAR BIHAR GRAMIN BANK

Decided On October 16, 2019
Tarkeshwa Pandey Appellant
V/S
Uttar Bihar Gramin Bank Respondents

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the respondent Bank.

(2.) During pendency of the instant writ proceeding, pursuant to the said notice and after considering the reply to the notice the petitioner was dismissed on 27.11.2015 on account of his conviction in the criminal case by the bank in view of the provisions contained in the Regulations 39 and 40. The petitioner had preferred criminal appeal against the conviction order dated 10.6.2015. The conviction of the petitioner was set aside in Cr. Appeal (S.J.) No. 381 of 2015 by order dated 2.1.2019.

(3.) It would be relevant to note here that by the time the petitioner was acquitted in the criminal case by High Court he had already crossed the age of retirement. In view of the aforesaid facts I.A. No. 1 of 2019 has now been filed in the instant proceeding. The petitioner in view of the developments during pendency of the writ proceeding has sought to add certain relief to the writ petition. The petitioner has sought quashing of the order dated 27.11.2015 dismissing him from service and has also prayed that he may be granted benefits of payment of salary from the date on which he offered joining i.e. 9.9.2015.