DEBI PROSAD DEY,J. - (1.) The petitioner joined in the Indian Overseas Bank in the year 1973 and he was promoted to Scale II of Officer Grade on 4th November, 1987. During his tenure as Scale II Officer at Sonapatti branch he was show caused for committing some irregularities and accordingly petitioner replied to such letter of show cause by denying all the allegations of alleged irregularities as indicated in the said letter. The Deputy General manager/disciplinary authority vide his letter being no. DO: DGM(NR): 081/01:DA:96, issued an order of suspension against the petitioner. Thereafter the disciplinary authority issued a charge sheet against the petitioner. Enquiry was conducted by the enquiry officer and forwarded to the petitioner by the Deputy General Manager/Disciplinary Authority vide his letter being No.DO:DGM(NR);DA:63/01:98. The Deputy General Manager/Disciplinary Authority vide order No.DO:DGM(NR):081/01:DA:98 dated 26th September,1998 passed the order for compulsory retirement of the petitioner. The petitioner preferred an appeal before the General Manager, Appellate Authority challenging the order passed by the disciplinary authority dated 26th September, 1998 but the Appellate Authority vide order being no.DO:GM(RS):AA:100:99 dated 7th April, 1999 dismissed the appeal of the petitioner.
(2.) In the meantime the Chief Officer, Pension Cell requested the petitioner to submit necessary documents for availing the pensionery benefits. The Chief Officer, Administration by his letter being no. RO(M)/PAD/177/2360/2003 -04, dated 28th August, 2003 informed the petitioner that balance amount of Rs.5,410/ - has been transferred to his account after adjustment of the loss incurred by the bank due to such irregularities committed by the petitioner.
(3.) The petitioner filed an application under Article 226 of the Constitution of India before this Hon'ble Court challenging the acts and actions for appropriating the gratuity amount and towards recovering the alleged loss as well as adjustment of the housing loan in writ petition no.10269(W) of 2004 and the said writ application was disposed of by the Hon'ble Justice Pinaki Chandra Ghose (as His Lordship then was) on 7th December, 2004. Liberty was given to the petitioner to place the necessary facts before the appropriate authority to review such claim of the authorities. Thereafter, the petitioner has again filed another writ application being writ petition no. 19190(W) of 2007 challenging the impugned order of compulsory retirement but the said writ application was withdrawn by the petitioner with liberty to file a fresh writ petition on the self - same cause of action.;