MD AKHTAR HUSSAIN, SON OF LATE MD IBRAHIM HUSSAIN Vs. BANK OF INDIA THROUGH ZONAL MANAGER; ZONAL MANAGER

JUDGEMENT

(1.) Challenge by the petitioner is to the punishment of compulsory retirement, but with superannuation benefits, that is, pension and/or provident fund and gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant time. The penalty order dated 18.07.2007, however, absolves the petitioner from disqualification for future employment.

(2.) The petitioner was appointed under the respondentBank on 13.11976 on the post of CashiercumAccounts Clerk. While posted as Special Assistant on 20.06.1994 he was placed under suspension. Chargememo dated 17.11.1994 which was served upon the petitioner contained the following charges :

(3.) The enquiring officer submitted enquiry report dated 15.09.1995 finding charges I(a), I(b) and II not proved, charge nos. I(c), III(i) and III(ii) were found proved. The disciplinary authority passed the order of dismissal from service on 17.11.1995 and appeal preferred by the petitioner against the said order of dismissal was rejected by the appellate authority by an order dated 30.07.1996. Aggrieved, the petitioner approached the industrial tribunal under Reference Case No. 100 of 1997 which while answering the reference passed award dated 17.05.2004. The tribunal found action of the respondentBank in dismissing the petitioner from service justified. The petitioner came to this Court challenging the penalty order and the award dated 17.05.2004 by filing Writ Petition (Service) No. 5927 of 2004.