- (1.) Heard learned counsel for the parties through V.C.
(2.) The instant application has been preferred by the petitioner challenging the impugned order dated 15.12.2012 passed by the respondent No.3 (Annexure-3 to the writ application), whereby the claim of the petitioner for back wages for the period 01.02.2003 to 31.01.2009 along with other consequential benefits, gratuity on revised pay scale including pension and other fringe benefits has been denied.
(3.) The case of the petitioner is that he was duly appointed as Clerk- cum-Godown keeper on 10.07.1973. Thereafter he was promoted to the post of Accountant on 08.12.1980. He was further promoted to the post of Assistant Manager on July, 1982 and to the post of Manager (Scale - II) on July, 1991. The further case of the petitioner is that in the month of May 1994, while he was posted as Branch Manager, Kishoreganj Branch, Ranchi, on the basis of a complaint, a criminal case being RC 13 (A) of 1994 (R) was registered upon First Information Report under Sections 13(2) of the Prevention of Corruption Act. Thereafter, on 19.12.2002 the trial court convicted the petitioner under Section 13 (2) of the Prevention of Corruption Act in the said case. As a result thereof, on 31.12.2002 a show cause notice was issued by the Bank proposing to impose penalty under Regulation-4 of the Punjab National Bank Officers Employees (D&A) Regulation, 1977 (hereinafter referred to as "Regulation) and within a period of one month i.e. on 29.01.2003, major punishment of dismissal from service under Regulation -4 (J) read with Regulation-11 of the Regulation was imposed upon the petitioner. Thereafter an appeal was preferred by the petitioner within time. However, on 20.03.2003 the Appellate Authority also affirmed the order of punishment and even the Reviewing Authority rejected the departmental review petition on 20.06.03. Further case of the petitioner is that on 31 01.2009 he completed 60 years of age to attain the age of superannuation and just after that on 03.11.2010, this Court while allowing Cr. Appeal No.29 of 2003, set aside the judgment of conviction and order of sentence passed by the learned trial court in R.C.139A) of 1994 (R). Thus, the very ground for punishment i.e. 'conviction in criminal case' for imposing major punishment of dismissal from service was set aside by this Court. Pursuant to that, the petitioner filed a representation before the respondent Bank on 18.11.2010 for setting aside the punishment order in view of subsequent event of his acquittal in the appeal by this Court and he also made a prayer for consequential benefits with back wages and post retiral benefits. When nothing was done on the representation, the petitioner filed a writ application before this Court which was registered as W.P.(S) No.4711 of 2012. On 11.09.2012 the said writ application was disposed of with a direction to the respondents to take a decision on representation of the petitioner within a period of 90 days. However, the representation of the petitioner was dismissed.;