The court emphasized the importance of documentary evidence and the significance of compromise deeds and suits for recovery in determining the payment of dues.

JUDGMENT

Jyoti Singh, J.

1. This writ petition has been preferred by the Petitioner seeking directions for release of Provident Fund, Gratuity and other allowances with interest as well as compensation for the alleged harassment.

2. Factual score emerging from the writ petition and to the extent relevant is that Petitioner was appointed as a Driver with the Respondent on 17.03.1978. In the year 1994, a charge sheet was issued against the Petitioner and the departmental inquiry culminated into a penalty of `removal from service' on 29.12.1995. It is the case of the Petitioner that despite passage of over 17 years, statutory dues such as Provident Fund and Gratuity have not been released to him. It is also the case of the Petitioner that on 26.04.2018, a Circular was issued by the Respondent Bank seeking options from the employees to join the Pension Scheme, 1995 and though the Petitioner opted to join the Scheme and even got the requisite medical tests done, his claim was illegally rejected vide letter dated 03.07.2018. Representations made by the Petitioner for release of the aforesaid dues remained unactioned, compelling the Petitioner to file the present writ petition for his legitimate dues.

3. Before proceeding further, it would be pertinent to refer to certain facts/developments, post the filing of the writ petition. As the chronology goes, when the writ petition was first listed on 12.09.2018, notice was issued by the Court limited to prayers seeking release of Provident Fund and Gratuity, rendering a prima facie view that the claim for Pension could only be made by employees who had retired/compulsorily retired and option for pension was not available to the Petitioner as he was `removed' from service.

4. During the pendency of the petition, an application being CM No.15529/2019 was filed by the Petitioner for a direction to the Respondent to return the original documents pertaining to registration of the house of the Petitioner, mortgaged with the Respondent. It was claimed by the Petitioner that in the year 1988-89, he had taken a housing loan from the Respondent, mortgaging his immoveable property and since the entire loan stood repaid in instalments, by deductions from his salary, Respondent was bound to release the original documents. It was also stated that in the year 2004, Respondent had filed a recovery suit against the Petitioner before the Civil Court, Gurgaon, wherein a compromise decree was passed and Respondent received the outstanding amount Rs.90,000/- in full and final settlement and issued NOC for release of the Title Deeds to the Petitioner.

5. Along with the application, Petitioner filed a Bank statement as Annexure-2 thereto, given by the Respondent and wherein according to the Respondent there was a credit entry of an amount of Rs.93,808.44/- in Account No. TLN 3002. In the application, the Petitioner stated that the statement of account was forged and fabricated and he had no knowledge of the same as he had never received the said amount and had never opened any such account in the Bank. Noting this position, the Court vide order dated 06.05.2019 directed the Respondent to produce details of the Account No. TLN 3002.

6. When the writ petition was listed on 29.05.2019, the Court, recording the rival stands of the parties wherein Petitioner claimed that he had not received the aforesaid amounts while Respondent stated that the amounts were credited in Account No. TLN 3002, and account was closed in the year 2000, directed the Deputy Commissioner of Police of the concerned area, to investigate the matter and submit a report, which was filed on 08.08.2019.

7. From the Report, it emerges that the Bank was unable to provide any document viz: vehicle loan application or account opening form in support of the stated Account No.3002, alleged to be in the name of the Petitioner. Respondent however, provided an extract of its policy for preservation of bank records, according to which loans, advances,