BINDU MANDAL Vs. GENERAL MANAGER, ALLAHABAD BANK

JUDGEMENT

(1.) HEARD the parties.

(2.) IN this writ petition, the petitioner has challenged the order dated 19.4.2002 (Annexure 8) passed by the Assistant General Manger -cum -Disciplinary Authority, whereby, the petitioner has been imposed the penalty of dismissal from the Bank Services with effect from 27.4.2001 without back salary in terms of Clause 21(iv)(a) of the 6th Bipartite Settlement dated 14.2.1995.

(3.) LEARNED counsel for the petitioner submitted that no doubt, the petitioner was found guilty and was convicted but since the appeal has been admitted against the said conviction and sentence and he has been released on bail and, therefore, the issuance of Annexure -8, dismissing the petitioner from service during the pendency of the appeal was not justified. It has further been submitted that under Clause 21(iv)(a) of the Bipartite Settlement, if an employee is found guilty of gross misconduct then for that either of the several punishments provided in Sub -clauses (a) to (g) including the dismissal without notice can be awarded. Accordingly, it is submitted that the extreme punishment for dismissal from service was not warranted in the present case and the petitioner could have been awarded other punishment provided in Sub -clauses (b) to (g) of Clause 21(iv).