- (1.) BY means of present writ petition, the petitioner is seeking a writ in the nature of certiorari for quashing the impugned suspension order dated 13.04.2013 passed by the Chairman, Allahabad Uttar Pradesh Gramin Bank (opposite party no. 1), as contained in Annexure no. 1 to the writ petition. Petitioner is further seeking a writ in the nature of mandamus for commanding the opposite parties to allow him to join as well as function and discharge the duties on the post of Senior Manager, Kanchhar at Branch Bisheeshwarganj, District -Bahraich.
(2.) THE brief matrix of the case is that on 13.11.1981 petitioner was initially appointed on the post of Officer in Allahabad U.P. Gramin Bank. On 01.03.2001, the petitioner was promoted on the post of Senior Manager Scale -II, which is a Group III post. On 29.07.2010, petitioner was posted as Branch Kanchhar Bisheshwarganj, District -Bahraich. While working at Kanchhar Bisheeshwarganj, a complaint was made against the petitioner on 11.04.2013 by one Munna Lal s/o Ramanand to the Superintendent of Police of Prevention of Corruption Branch, C.B.I. Gomti Nagar, Lucknow. In the said complaint, Munna Lal alleged that he applied for loan in the year 2010 -11 from Allahabad U.P. Gramin Bank, Kanchhar at Branch Bisheeshwarganj under the Scheme of Mukhya Mantri Gram Rozgar Yojna and petitioner was harassing the complainant and demanded the illegal gratification for releasing the loan amount.
(3.) IN pursuance of the said complaint, C.B.I. registered a case bearing no. RC0062013A0010 under Section 7 and 13(2) r/w 13 (1)(d) of PC Act, 1988 against the petitioner and arrested him. After the arrest of the petitioner, he was placed under suspension by means of order dated 13.04.2013. The order of suspension was served upon the petitioner on 16.04.2013 when he was in Jail. On 13.06.2013, Special Judge, C.B.I. released the petitioner on bail on the ground that as per the provisions of sub clause (II) of proviso A to Section 167(2) of the Cr.P.C., charge -sheet has not been submitted within 60 days from the date of arrest by the CBI. Learned counsel for the petitioner submitted that petitioner has been falsely implicated by complainant Munna Lal, as nothing has been committed by the petitioner in respect of offence as alleged by the C.B.I. Learned counsel for the petitioner submits that loan amount of Rs. 1,20,000/ - was sanctioned by the Bank in two types; one was term loan by which on 02.02.2013 Rs. 50,000/ - was paid to Munna Lal and another was Cash Credit Limit (CCL) of Rs. 70,000/ -. The Cash Credit Limit Amount of Rs. 70,000/ - has to be paid by cheque for which 25 leaf of a cheque book bearing no. 186171 to 186200 was issued in favour of complainant Munna Lal. In respect of Cash Credit Limit Munna Lal on 06.03.2013 had presented only one cheque bearing no. 186176 of Rs. 35,000/ - in the bank and same was en -cashed by him and thereafter no cheque or withdrawal slip to withdraw the cash from the Cash Credit Limit (CCL) has not been presented by the complainant.;