RAM GOPAL KUMAWAT Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) This appeal has been filed by Ram Gopal Kumawat, challenging judgment dated 26.10.2015 as also order dated 12.01.2016. Vide judgment dated 26.10.2015, writ petition filed by the appellant was dismissed by the learned Single Judge of this Court. Vide order dated 12.01.016, review petition filed by the appellant against the aforesaid judgment was dismissed by the learned Single Judge.

(2.) The appellant was appointed as Class IV Employee (Daftari-cum-peon) in respondent-United Commercial Bank at Ajmer Branch on 20.01.1967. One Heera Lal Kumawat, elder brother of Om Prakash (husband of appellant's sister Mrs. Sushila), opened a recurring deposit account with respondent- bank on 21.05.1971. He was required to deposit a sum of Rs. 20/- per month. It is alleged that Heera Lal used to give the aforesaid amount to the appellant for being deposited with the bank. The appellant used to fill up the pay-in-slip and give the said amount at deposit counter of the bank for being deposited in the recurring deposit account of Heera Lal. Meanwhile, relationship between Om Prakash and appellant's sister Mrs. Sushila became strained. Sushila initiated criminal proceedings against her husband Om Prakash under Section 125 Cr.P.C. and even under Section 494 I.P.C. As per the appellant, Heera Lal being annoyed with this, filed a written complaint against him in the Court of Judicial Magistrate No. 3, Ajmer on 26.04.1978 under Sections 420 , 406 , 409 , 467 , 468 and 471 IPC. Subsequently, the police called him for investigation. The appellant was then taken in custody and was also arrested. The appellant on that very day informed the bank about his arrest and also applied for leave on 25.06.1979 and 26.06.1979. Copy of the application dated 25.06.1979 addressed to the Manager of the bank has been placed on record. Appellant contends that this letter was sent to the Manager of the bank under postal certificate. Copy of the attendance register which was marked as Exhibit-1 in the departmental enquiry has been submitted as Annexure-7 of the writ petition showing that in the register maintained by the respondent-bank, the appellant has been shown him on leave on 25.06.1979 and 26.06.1979. The police filed charge sheet against the appellant for offence under Section 406 IPC in the Court of Judicial Magistrate, Ajmer. The appellant was released on bail on 26.06.1979 and resumed his services in the bank. The appellant vide letter dated 27.06.1979 informed the Manager of the Bank about his arrest and release on bail. The appellant thereafter appeared in departmental examination for promotion to the post of Assistant Cashier cum Accountant in which he was declared successful but not promoted due to pendency of criminal case against him. Information to this effect was given to the appellant vide letter dated 27.12.1980. The appellant then submitted a representation on 23.01.1981 to the respondent-bank contending that he has been falsely implicated in the criminal case due to family dispute between his sister and brother of the complainant. The appellant was placed under suspension vide order dated 06.02.1981. The trial of the criminal case lasted for about ten years. The Court of Judicial Magistrate No. 1, Ajmer ultimately vide judgment dated 28.05.1991 acquitted the appellant. Thereafter, he submitted a representation to the respondent-bank on 05.06.1991 for revoking his suspension but no action was taken by the bank. The appellant filed Writ Petition No. 5969/1991 before this Court with the prayer to revoke the suspension order dated 06.02.1981 with all consequential benefits. This Court vide judgment dated 24.02.1992 allowed the writ petition and directed the respondent-bank to immediately reinstate the appellant with all consequential benefits. The respondent-bank filed Special Appeal No. 386/1992 against the aforesaid judgment of the Single Bench. Initially, the Division Bench of this Court vide order dated 30.07.1992 admitted the appeal and stayed operation of judgment passed by the learned Single Judge. However, vide order dated 12.11.1992, stay order was modified and the bank was directed to pay full salary to the appellant. Ultimately, the appeal was dismissed vide judgment dated 11.03.1997.

(3.) Further case of the appellant is that after 13 years of his arrest on 25.06.1979, the respondent-bank in most malafide manner served upon him a charge sheet on 30.01.1992 on the same allegation. The appellant challenged the charge sheet by filing Writ Petition No. 4558/1992.