- (1.) The petitioner, at the material point of time, was working as an officer of the United Bank of India (hereafter the Bank). In pursuance of a disciplinary proceeding initiated by the Bank against him, the petitioner was dismissed from service on March 21, 1988. The order of dismissal was carried in appeal, unsuccessfully. The appellate authority by an order dated October 12, 1988 dismissed the appeal.
(2.) Questioning the propriety and/or legality of the order of dismissal, since confirmed in appeal, the petitioner had invoked the writ jurisdiction of this Court. By an order dated February 4, 1999, the writ petition was dismissed. The petitioner preferred an appeal before the Hon'ble Division Bench. In the judgment and order dated January 21, 2003 by which the writ appeal was disposed of, the Hon'ble Division Bench observed that the allegations against the petitioner did not suggest a case of gross misconduct but undoubtedly the allegations were more in the nature of indiscretion and error of judgment on his part. The following direction was consequently issued : "Therefore, we direct the Appellate Authority to consider with this aspect of the matter while passing the final order. It is open to the Appellate Authority to pass any order that they may find suitable having regard to the fact and circumstances of the case. It is, however, made clear that in the event the appellate Authority decides to reinstate the appellant after imposition of some punishment, the appellant will not be entitled to get anything by way of back wages or arrears of salary."
(3.) Acting in compliance with the judgment and order dated January 21, 2003, the appellate authority of the petitioner passed an order dated May 12, 2003. Paragraphs 5 and 6 of the order being relevant are quoted below : "5. Therefore in exercise of power conferred upon me under United Bank of India Officer Employees' (Discipline & Appeal) Regulations, 1976, I hereby impose upon you the under mentioned major penalty, in supersession of punishment imposed by Disciplinary Authority under his order dated 21-03-1988, in term of Regulation-4(f) of the said Regulation, 1976 which shall be effective from 21-03-1988:- 'Reduction of your Basic Pay by 5 (five) stages lower in your time scale of pay for a period of five years. You will not earn any increment of pay during the period of such reduction and on the expiry of such period, the said reduction will have the effect of postponing the future increments.' 6. You shall not be paid any pay and Allowances since 21-03-1988 till the date of your resumption of duties in terms of this letter.";