SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Del) 1287

V.KAMESWAR RAO
INDERJIT SINGH – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashok Bhalla, Adv.
For the Respondent: Mr. Jagat Arora, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, the key events are as follows:

  1. The petitioner, an employee of Punjab National Bank, was suspended from service following the registration of an FIR related to allegations of fraud and misappropriation involving the introduction of an accused person and the opening of a false account (!) (!) .

  2. The criminal case against the petitioner was ultimately decided by a court, which acquitted him of the charges on January 13, 2004, giving him the benefit of doubt due to lack of evidence establishing dishonest intent (!) (!) .

  3. Despite the acquittal, the respondent bank issued an order on October 14, 2006, denying the petitioner full back wages and other benefits for the period of suspension from August 14, 1986, until his superannuation on January 31, 1999, citing the use of the term "benefit of doubt" in the criminal judgment as justification (!) (!) .

  4. The petitioner challenged this order before the court, asserting that he was entitled to full pay and allowances during the suspension period, based on the criminal court’s finding of no evidence against him and the applicable provisions of the Bipartite Settlement, which treat such acquittals as indicating that the employee was on duty and should receive full benefits (!) (!) .

  5. The court examined the criminal judgment and clarified that the use of "benefit of doubt" did not diminish the fact that the petitioner was acquitted due to lack of evidence, which should be interpreted as a clean acquittal. The court found that the respondent bank had misread the judgment and that the petitioner was entitled to full back wages and allowances for the entire suspension period (!) (!) .

  6. The court further directed the bank to adjust the subsistence allowance received by the petitioner with interest and rejected the claim for interest on delayed PF payments, reasoning that the delay was attributable to the petitioner’s own acceptance of the PF amount in 2004 and the delay in filing the petition (!) (!) .

  7. The petition was ultimately disposed of in favor of the petitioner, affirming his entitlement to full pay and allowances for the suspension period and setting aside the bank’s order to deny such benefits (!) .

These events collectively outline the progression from suspension, criminal acquittal, legal challenge, and the court’s intervention to affirm the petitioner’s rights to benefits during the suspension period.


ORDER :

1. The present petition has been filed by the petitioner, with the following prayers: I. Issue a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari quashing/set aside the Order dated 14.10.2006 of Respondent Bank with directions to the Respondent Bank to release full pay and allowances of the petitioner with all consequential benefits which would have been admissible to petitioner, had he been not placed under suspension and his withheld terminal dues along with interest @ 15% p.a.

II. Issue a writ of mandamus or any other appropriate writ, order or direction commanding directions to the respondent bank to pay interest @ 15% p.a. to the petitioner on his PF amount released so far for delayed period from the date of his retirement on 31.1.1999 till actual payment in the year 2004. III. Issue any other writ, order or direction and/or such further or other orders or directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of present case”.

2. It is the case of the petitioner that he was appointed as Clerk-cum- Cashier in Punjab National Bank, Jor Bagh Branch, New Delhi. At the relevant time, he was poste





















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top