- (1.) The present writ petition has been filed against the award passed by the Central Government Industrial Tribunal (hereinafter referred to as the 'Tribunal') dated 18.07.2016 in Industrial Dispute No. 01 of 2011. The Tribunal has awarded the relief of reinstatement with full back-wages with all consequential benefits. By virtue of fact that the respondent had attained the age of superannuation on 10.05.2016, the relief stood confined to full back-wages with all consequential benefits.
(2.) Briefly, the respondent - Santosh Kumar Gupta (hereinafter referred to as the 'delinquent') was appointed as a Clerk with the petitioner-bank. He was promoted as a Special Assistant in the year 2006. While working on that post, he was suspended on 23.06.2006 as a consequence of certain misconduct alleged. On 11.06.2008, a charge sheet was issued to the delinquent framing three charges. First two charges pertained to misconduct alleged being that the delinquent had pressured certain other bank officials to pass two vouchers in his favour and that as a result of such undue pressure he managed to get the vouchers passed and received money against the same. The third charge connected levelled against the delinquent was of having destroyed the vouchers after obtaining payment against the same. After submission of reply to the charge sheet and conduct of the inquiry, by an inquiry order dated 07.01.2009, charge nos. 1 and 2 with respect to payment received against two vouchers were found proved by the inquiry officer, while no report was submitted with respect to charge no.3. After submission of the inquiry report, the disciplinary authority awarded punishment of compulsory retirement with superannuation benefits under the bipartite settlement dated 10.04.2002.
(3.) While the aforesaid punishment order was subjected to departmental appeals and subsequently a reference was made after unsuccessful challenge made by the delinquent to the punishment order (in an earlier writ petition). Thereafter, the State Government vide order dated 20/30.12.2010, being the appropriate Government made the following reference to the Central Government Industrial Tribunal-cum-Labour Court, Kanpur:- "2. Whether the action of the management of Punjab National Bank Varanasi in awarding punishment of compulsory retirement from service to Sri Santosh Kumar Gupta, Special Assistant Bhadohi Branch with effect from 30.12.09 is justified? What relief the workman is entitled to ?";