UCO BANK AND OTHERS Vs. SUMNESH VYAS

JUDGEMENT

(1.) This appeal is directed against the order dated 04.10.2013 passed by the learned Single Judge in SBCWP No.5000/2004, whereby the said writ petition preferred by the respondent has been allowed in part and the appellants have been directed to treat the respondent's period of suspension commencing from 25.05.2000 to 20.03.2001 as a period spent by him on duty, while declaring his entitlement for complete wages, allowances and other applicable benefits.

(2.) Brief facts of the case are that the respondent, while working as a Clerk at Jodhpur Main Branch of UCO Bank, was D.B. Civil Special Appeal (W) No.1208/2013, UCO Bank & Ors. Vs. Sumnesh Vyas suspended by the disciplinary authority vide order dated 25.05.2000 on contemplation of disciplinary proceedings. Later on, a chargesheet dated 01.08.2000 was issued to the respondent, wherein he was charged for committing the act prejudicial to the interest of the Bank. The disciplinary proceedings, initiated against the respondent, were ultimately culminated in awarding a penalty of censure vide order dated 20.03.2001, however, while imposing the penalty of censure, the disciplinary authority also declared that the respondent shall not be entitled for any salary and allowance or any other benefits for the period of suspension whatsoever, except the subsistence allowance already paid to him. The suspension of the respondent was also revoked by the disciplinary authority. An appeal was preferred by the respondent against the order dated 20.03.2001 passed by the disciplinary authority, which came to be rejected by the appellate authority vide order dated 20.02.2004.

(3.) Being aggrieved by the orders passed by the appellate authority as well as the disciplinary authority, the respondent had preferred the aforesaid writ petition, which came to be decided by the impugned order.