- (1.) The petitioner was appointed as Clerk-cum-Typist in the State Bank of Patiala (for short "the Bank") on 19.08.1974. He was promoted as Junior Management Scale-I Officer on 01.07.1982 and as Middle Management Scale-II Officer w.e.f. August, 1989 and was posted at Mehraj, Bathinda (Rural Posting) as Branch Manager. On 11.03.1995, the petitioner fell in the trap of the Vigilance Department (Punjab) and was placed under suspension vide order dated 25.03.1995 w.e.f. 11.03.1995 for allegedly asking for illegal gratification of Rs. 8,000/- in connection with the loan disbursement to one Harminder Singh. The petitioner was charged under Section 7 and 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act") and was convicted by the Trial Court vide judgment dated 28.07.1997 and sentenced to undergo RI for 2 years with fine of Rs. 2,500/-. The order of conviction and sentence was challenged by the petitioner by way of appeal before this Court which was admitted on 14.08.1997 and conviction and sentence was ordered to be suspended during the pendency of the appeal. The said order was communicated by the petitioner to the Bank on 22.08.1997 but he remained under suspension till 30.12.2003 when suddenly the Bank discharged the petitioner from its service by passing the following order:- "2. Pursuant to your conviction ordered by the Special Judge, CBI, Punjab under Section 7 and 13(i) read with 13(2) of the Prevention of Corruption Act, 1988, you stand discharged from the Bank's service w.e.f. 28th July, 1997 i.e. the date of your conviction by the Court, in terms of Regulation 68(7)(i) of the State Bank of Patiala (Officers) Service Regulations, 1979. The period of your suspension has been treated as period not spent on duty. Please be advised accordingly."
(2.) The petitioner challenged the order of discharge by way of CWP No.1747 of 2004 but withdrew the same in order to avail the alternative remedy of appeal. The petitioner then filed statutory appeal against the order of discharge on 14.02.2004 which was dismissed on 18.05.2004 vide order Annexure P-10. On 31.05.2005, the petitioner made a request to the Bank for the payment of pension and other consequential benefits which was declined on 27.06.2005 (Annexure P-12) in terms of Regulation 22(i) of the Pension Regulations, 1995 which provides that on account of resignation or dismissal or removal or termination of an employee from the service of the Bank, he would forfeit his entire past service and consequently shall not qualify for pensionary benefits.
(3.) Hence, the petitioner has challenged, in the present writ petition, order dated 30.12.2003 (Annexure P-6) by which he has been discharged from service, order dated 18.05.2004 (Annexure P-10) by which his appeal against the order of discharge has been dismissed and order dated 27.06.2005 (Annexure P-12) by which his pensionary benefits have been forfeited in terms of Regulation 22(i) of the Pension Regulations, 1995. the writ petition was admitted to the Division Bench on 24.04.2006. During the pendency of the writ petition, the order in Crl. Appeal No.603-SB of 1997 by which he has challenged the order of his conviction and sentence dated 28.07.1997 was awaited as it was the primary case of the petitioner that the discharge order dated 30.12.2003 (Annexure P-6) has been passed only on the ground of his conviction by the Criminal Court.;