MARTIN FORMING Vs. MANAGING DIRECTOR S B S

JUDGEMENT

(1.) - This is a petition filed under Article 226 of the Constitution of India by an employee of the State Bank of Sikkim.

(2.) The petitioner was appointed as a Clerk in the State Bank of Sikkim on 17.7.1977. He was placed under suspension on 24.9.1986 and was reinstated in the same service on 11.5.1995. During this period a criminal case was started against the petitioner on 22.11.1986. The said case ended in a chargesheet dated 31.5.1991. The petitioner made several appeals to different authorities of the bank and also to the Chief Minister of the State. After long last. Government decided to withdraw the aforesaid case and the criminal proceeding was dropped as withdrawn on 11.11.1993.

(3.) Though the order of suspension was revoked and the petitioner was reinstated in his service it was noted that the order of reinstatement was Subject to the condition that he shall not claim any of his past forfeited remuneration." The petitioner joined his service on 24.4.1995 pursuant to the aforesaid order of reinstatment dated 11.5.1995. Sometime after joining the service as above, the petitioner filed a representation to the Bank on 29.5.1995 claiming his full pay and allowances including the increments accrued during the period of suspension. Since he did not get any favourable action or reply he filed the instant writ petition on 29.5.1996. just after a year from the date of his representation. Demand justice notice was sent on behalf of the petitioner on 11.5.1996.