- (1.) Leave granted.
(2.) Challenge in this appeal is to the Judgment of a Division Bench of the Andhra Pradesh High Court allowing the writ appeal filed by the respondent.
(3.) Background facts in a nutshell are as follows: The respondent, who, at the relevant point of time was Branch Manager of appellant No.l-Bank and was posted at Nellore in Andhra Pradesh was charged and tried along with one Shrinivasulu s/o Chenchuramaiah for offences punishable under Sections 120-B, 471 and 477 of Indian Penal Code 1860 (in short the 'the IPC') and Section 5(2) read with Section 5 (1)(d) of the Prevention of Corruption Act, 1947 (in short the 'Prevention of Corruption Act'). Both the accused persons were tried in the Court of Special Judge for CBI cases. They were acquitted by judgment dated 11.12.2002 giving them benefit of doubt. The respondent was placed under suspension from 15.06.1988 till he was reinstated on 04.05.1993. After his reinstatement, departmental proceedings were initiated. The same were questioned by a writ petition being writ Petition No.15797 of 1994 which was allowed by learned Single Judge. But in writ appeal No.884 of 1998, a Division Bench directed dismissal of the writ petition. The departmental enquiry was concluded on 29.02.2003. The respondent was found guilty. So far as payment of salary, allowances etc. are concerned, relevant portion of the order read as follows: "In the light of the above punishment the undersigned further directs that Sri M. Venu Ranganath will not be entitled to any salary and allowances and other attendant- benefits including increment for the period spent by him under suspension, save and except the Subsistence Allowance already paid to him during the said period.";