( 1 ) THE petitioner in this writ petition has challenged the order of the respondent Punjab National Bank dated 7th October, 1987, Annexure-I, whereby the suspension of the petitioner for the period from 30th April, 1976, when the petitioner was suspended, to 30th April, 1981, the date of supemnuation, has been held to bejustified and it has been ordered by it that no full salary and allowances shall be payable to Shri S. P. Jain, except the subsistence allowance admissible to him under the Regulations.

( 2 ) THE relevant facts which emerges from the pleadings of the parties are that the petitioner while he was in working as Manager at Branch Office, Dev Nagar, New Delhi of (he respondent bank was served with the charge sheet dated 23rd March, 1976 on certain charges of grave and serious nature and he was placed under suspension with effect from 30. 4. 1976. Another charge sheet dated 14th October, 1976 was also served upon him for irregularities committed during his incumbency at Branch Office. Dev Nagar. As the action on the part of the petitioner prima facie tentamounted to offence, an First Information Report on 1st June, 1977 under Sections 380, 420, 406 and 506 read with Section 120b of the Indian Penal Code was also filed. The disciplinary proceedings were also initiated against him. The petitioner in the year 1979, moved the High Court for stay of the departmental proceedings pending against him which was rejected vide order dated 14th March, 1980. However, in the L. P. A. No. 58/80. this Court ordered for keeping the departmental proceedings in abeyance till the disposal of the criminal case against the petitioner. As a result thereof, the departmental proceedings against the petitioner were stayed and could not be completed. However, the petitioner was retired from the bank service on attaining the age of supernnuation on 30th April, 1981.

( 4 ) IN the month of March, 1982, the petitioner filed a suit for declaration in the court of the Subordinate Judge, Delhi, claiming that decree for declaration be made in his favour declaring him to be continued in bank s service and that he be entitled to monthly payment of subsistence allowance beyond 30th Aapril. 1981. till the criminal case/disdplinary action against him is finalised, altferoatively declaration to the effect that the petitioner be entitled to duty pay for the period from 30. 4. 1976 to 30. 4. 1981 and be allowed all other retirement benefits towards Provident Fund, Gratuty etc. The Sub Judge did not grant relief to the petitioner. However, in the appeal, the Additional District Judge. Delhi, on 8th July, 1987 pasted a decree to the effect that the petitioner would be entitled to full retirement benefits comprising of Provident Fund. Gratuity, which may beimplemented within a peirod of two months from the date of the order and regarding pay and allowances for the period of suspension, the competent authority may pass appropriate orders in terms of regulation 15. 2 of Punjab National Bank Officer Employees (Discipline and Appeal) Regulation, 1977 (hereinafter referred to as "the Regulations, 1977" ). It appears that the retirement benefits like pension, provident fund. gratuity have been paid in terms of the order of the Court. However, the dispute remains only for treating the period of suspension under Regulation 15:2 of the Regulations. 1977. Interms of the decree passed by Additional District Judge. Delhi, the Competent Authority afterconsidering the relevant material passed the impugned order Annexure - 1.

( 5 ) THE petitioner has challenged the impugned order Annexure-1 on various grounds, inter alia that on the date of supernuation the relationship between the employer and employee has ceased to exist and suspension order automatically stands revoked; that the impugned order Annexsure-I as been passed without complying with the principles of natural justice; and he has been honourably acquitted by the learned Magistrate, Bahadurgarh vi