Chitambaresh, J.

1. The appellant while working as an Accountant in the third respondent Bank faced disciplinary action on the ground that he was privy to the indiscriminate grant of loans by the then Branch Manager. A punishment of reduction to the lower rank of Senior Clerk was imposed and an appeal filed therefrom by the appellant was rejected by the Board of Directors of the Bank. The appellant suffered the punishment and later retired from service on 30.4.2014 and the disbursement of retiral benefits like pension, gratuity, pay revision arrears etc. remains. Separate representations addressed to the Bank, its Board of Directors and the Joint Registrar by the appellant were of no avail and hence the writ petition. The appellant submitted that he does not challenge either the disciplinary proceedings or the punishment and only sought for the disbursement of his retiral benefits at the earliest.

2. The learned single Judge observed that the equitable remedy of restitution comes into play which needs no statutory sanction and that the Bank is entitled to appropriate the loss suffered from the retiral benefits of the appellant. The judgment in the case titled C.M.Philip v.