Court No. - 34
Case :- WRIT - A No. - 42842 of 2004 Petitioner :- Abhai Raj Singh Respondent :- Bank Of Baroda Dy.G.M. And Others Counsel for Petitioner :- S.N.Dubey Counsel for Respondent :- Saumitra Singh,S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri S. N. Dubey, learned counsel for petitioner and learned Standing Counsel for State-respondents.
2. The only grievance of petitioner is that he may be granted full salary for the period of suspension as no order has been passed in this regard in accordance with the provisions applicable to Bank.
3. Petitioner while working as Head Cashier in Bank of Baroda (hereinafter referred to as 'Bank') at its Tanda, Shahabad Branch, District-Rampur was placed under suspension vide order dated 03.12.2002 passed by Assistant General Manager in a contemplated disciplinary enquiry. Charge sheet dated 08.10.2003 corrected by order dated 03.11.2003 was issued to petitioner and pursuant thereto disciplinary proceedings commenced. Since disciplinary enquiry commenced after almost one year, as per Bipartite Settlement applicable to employees of Bank, petitioner was entitled to full salary after two months till disciplinary enquiry is concluded. Petitioner, therefore made an application dated 19.12.2003 requesting Competent Authority of Bank to pay full salary to petitioner, since December 2003 and onwards. Reminder was also given on 22.01.2004. He was communicated with letter dated 27.01.2004 that Bank has accepted his request of full salary and his salary of December 2003 payable in January 2004, will be transmitted to his account. When petitioner went to withdraw certain amount, he found balance of a very small amount and also that Rs.21,172/- was withdrawn from his account unauthorizedly, hence, he made a complaint to Bank by letter dated 14.02.2004. Petitioner complained that even subsistence allowance was not paid to him. Petitioner then received letter dated 04.06.2004 that on 15.07.1999 he used his BOB card and withdrew Rs.10,000/-, which was not deposited, hence, total sum of Rs.70,060/- is due, which should be deposited by him. Petitioner asked details of said amount by his reply dated 10.06.2004, but no decision has been taken neither he has been paid full salary nor any enquiry has been concluded.
4. This matter is pending for last 14 years, but neither Bank has chosen to file any counter affidavit nor learned counsel for petitioner was aware as to the final outcome of departmental enquiry.
5. Looking into facts and circumstances of the case, in my view no useful purpose would be served by keeping this matter pending and, Therefore, I dispose of this writ petition with liberty to petitioner to make an appropriate representation before Competent Authority within one month from today along with certified copy of this order and thereafter Competent Authority shall pass a reasoned order within two months from the date of receipt of such representationr and whatever amount found payable to petitioner, shall be paid within one month thereafter.
Order Date :- 26.10.2018
Manish Himwan/AK