- (1.) Heard Mr. Vijai Prakash Tiwari, learned counsel for the petitioner as well as Mr. Gopal Kumar Srivastava, learned counsel for opposite parties.
(2.) By means of this writ petition the petitioner has challenged the order dated 19.06.2013 passed by the disciplinary authority dismissing the petitioner from service, as also the appellate order dated 20.12.2014 rejecting his appeal against the said order.
(3.) The facts of the case, in brief, are that the petitioner who is the erstwhile Manager, Naka Branch of Allahabad Bank, was convicted by the Special Judge (CBI) Court No.1, Lucknow vide judgment dated 14.08.2012. in Criminal Case No.4/2004, under Section 7 of the Prevention of Corruption Act, 1988 and was awarded a sentence of rigorous imprisonment for four years with fine of Rs.10,000/- and in default of payment of fine simple imprisonment for 6 months as also rigorous imprisonment for five years with a fine of Rs.15000/- in default simple imprisonment for one year under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. Both the sentences were to run concurrently. Based on the aforesaid conviction the disciplinary authority issued an office memorandum dated 14.02.2013 to the petitioner under Regulation 11 of the Allahabad Bank Officers Employees (Discipline and Appeal) Regulations, 1976 read with Section 10(1) (b) (i) of the Banking Regulations Act, 1949, read with Regulation 4 (j) of the Regulations, 1976, calling upon him to submit his representation on the proposed penalty within 10 days to which the petitioner submitted his reply. After analyzing the reply of the petitioner the impugned order dated 19.06.2013 was passed by the disciplinary authority dismissing the petitioner from service. Thereafter an appeal was preferred by the petitioner which has also been rejected by the appellate authority by order dated 20.12.2014 giving cogent reasons based on the provisions of the Rules 1976, Banking Regulation Act, 1949, certain decisions of the Supreme Court Sushil Kumar Singhal Vs. Regional Manager, Punjab National Bank., 2010 8 SCC 573 Being aggrieved this writ petition has been filed challenging the aforesaid orders.;