Bibek Chaudhuri, J. - (1.) State Bank of India through its officers have challenged the judgment and order dated 10th August, 2018 passed in W.P No.34722(W) of 2013 by a learned Single Judge of this Court directing the appellants to take steps for releasing the pensionary benefit in favour of the respondent No.1 within a period of three months from the date of receipt of copy of such judgment.
(2.) The respondent No.1 as writ petitioner filed W.P No.34722(W) of 2013 stating, inter alia, that he joined service in the State Bank of India, Calcutta Main Branch in the subordinate cadre on 6th August, 1979. Subsequently, he was promoted to the post of Assistant (Accounts) in the State Bank. In course of his service, he was posted in different branches of the bank and while he was working at Fort William Branch, Calcutta, he received a letter to show cause, vide letter baring No.Br.17-111 dated 22nd January, 2002 why disciplinary action would not be taken against him for certain irregularities, and/or forgery allegedly committed by him in course of his official duties. The respondent no.1 denied all the allegations levelled against him in writing on 23rd March, 2002. However, on 27th September 2002, the controlling authority of the respondent No.1, viz, appellant No.3 herein, initiated disciplinary action against the respondent No.1 by issuing a charge-sheet on different counts. The disciplinary authority suspended him from service with effect from 23rd May, 2002 pending disciplinary proceeding. On culmination of disciplinary proceeding, the respondent No.1 was proposed to be punished with removal from service together with superannuation benefits, i.e, pension, provident fund and/or gratuity as would be due otherwise under the rules and regulations, prevailing at the relevant time and without disqualification from future employment. Against the said order, he preferred a departmental appeal which, however, yielded no result.
(3.) Challenging the order of punishment, the respondent No.1 filed W.P No.4389(W) of 2005 which was dismissed by a learned Single Judge of this Court by a judgment and order dated 29th July, 2009. The said order was also unsuccessfully challenged by the respondent No.1 in F.M.A No.680 of 2010.;