- (1.) Heard Sri Kapil Dev, learned Senior Advocate assisted by Sri Ashwani Kumar, learned counsel for the petitioner and Sri Lalit Shukla, learned counsel appearing for the respondents/Bank.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:- "i. issue a writ, order or direction in the nature of certiorari, thereby the impugned order dated 14.1.2008 passed by opposite party no.2, as contained in Annexure No.1, to the extent that, in the impugned order dated 14.1.2008, it has been mentioned that "no pay and allowances, will be paid for the period she remained dismissed from service, that is, from 7.7.2003 to 14.1.2008", be quashed. (i)(a). Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 26.2.2018, passed by Opposite Party No.2, as contained in Annexure No.11, to the writ petition. ii. issue a writ, order or direction in the nature of mandamus, commanding the opp-parties, to make the payment of back pay and allowances for the period of dismissal of the petitioner from 7.7.2003 to 14.1.2008 and also continuity of service, as such, on account of her reinstatement in service vide order dated 14.1.2008, contained in Annexure No.1, and all other consequential benefits on account of her exoneration and reinstatement, forthwith. iii. Issue such other order or direction, which this Hon'ble Court may deem just and proper in the circumstances of the case in favour of the petitioner; and; iv. award the costs of the petition in favour of the petitioner."
(3.) The case, in brief, as set forth by the petitioner is that the petitioner had been dismissed from service on account of her conviction in a criminal case. The dismissal order dated 7.7.2003 has been filed as Annexure-2 to the petition. The petitioner was subsequently acquitted by the High Court vide judgment and order dated 17.8.2007 on the basis of benefit of doubt. A copy of the judgment and order dated 17.8.2007 is Annexure-3 to the petition. Upon acquittal, the petitioner submitted a representation to the respondents for her reinstatement in pursuance to which the respondents passed the order dated 14.1.2008, a copy of which has been filed as Annexure-1 to the petition, by which she was reinstated with a rider that no pay and allowance would be paid for the period she remained out of employment i.e. from 7.7.2003 to 14.1.2008. In pursuance to the order dated 14.1.2008, the petitioner submitted joining on 15.1.2008. On the said date itself i.e. 15.1.2008, the petitioner was suspended. In the suspension order dated 15.1.2008 it was provided that the Bank is proceeding to take disciplinary action against the petitioner. In pursuance thereof, the petitioner was issued with a charge-sheet and after the petitioner participated in the inquiry, she was exonerated vide order dated 20.5.2011, a copy of which is Annexure-7 to the petition. After her exoneration, the present petition has been filed for the aforesaid reliefs. Learned counsel for the petitioner submits that petitioner has taken voluntary retirement on 31.8.2012.;