ROHIT S MANKAD Vs. BANK OF INDIA

JUDGEMENT

(1.) Both the above petitions were filed by the same petitioner and as the subject matter of both the petitions is interconnected they are heard and decided by way of this common judgement. In Special Civil Application No.3693/98 the petitioner has challenged the legality and validity of orders dated 7th December 1996 passed by the second respondent, and the order in appeal dated 29th January 1998 passed by the Executive Director, the Appellate Authority of the respondent Bank, imposing a major penalty of compulsory retirement and to direct the respondent Bank to reinstate the petitioner on his original post and to grant him all consequential benefits.

(2.) In Special Civil Application No.3694/ 1998 the petitioner has prayed for a direction to the respondents to pay full backwages to the petitioner from llth January 1994 till 7th December 1996 as his suspension order can be said to have lapsed on termination of criminal proceedings. In the alternative it is prayed for a declaration that the petitioner, was entitled to subsistence allowance from the date of his suspension i.e. from 17th April 1980 to the date of the order of compulsory retirement i.e. 7th December 1996.

(3.) The petitioner joined the service of the respondent Bank in the year 1960 in clerical cadre and thereafter he was promoted to the post of Officer in May 1969. He was second officer at Bharuch Branch in 1970 and he was transferred as Manager in 1975 to the Umalla Branch of the respondent Bank.