JUDGMENT

Dr. B.R. SARANGI, J. - The petitioner has filed W.P.(C) No. 8943/2014 to quash the order dated 26.02.2014 under Annexure-5 directing to recover the gratuity amount of Rs. 3,82,650/- to be appropriate towards the loss of Rs. 10,05,03,788/- caused to the Bank and the letter dated 09.06.2014 under Annexure-2/A passed by opposite party no. 3 rejecting his request for release of compassionate allowance. He seeks for a direction to the opposite parties to pay the gratuity as per the Wage Settlement dated 01.1.2007 and also compassionate allowance not more than 2/3rd of his pension.

The petitioner has filed W.P. (C) No. 20270/2012 to quash the order of dismissal imposed by the Disciplinary Authority vide Annexure-16 dated 19.11.2008 and confirmation made thereof by the appellate authority by order dated 07.05.2009 under Annexure-17 and reconfirmation by the reviewing authority vide order dated 29.09.2012 under Annexure-23. He has prayed for a direction to the opposite parties to treat him in service and grant all consequential service and financial benefits as due and admissible to him in accordance with law.

2.The factual matrix of the case in hand is that the petitioner following a process of selection by the Banking Recruitment Board was selected as a Probationary Officer in Bank of India and pursuant to appointment order dated 13.10.1981 issued to his permanent home address at Bhubaneswar, he joined on 30.12.1981 at Bank’s Zonal Office at Patna in the State of Bihar. After completion of probation period of two years, he was confirmed as an Officer in the said Bank in the Jr. Management Grade Scale-I. He was promoted to Middle Manager, Grade Scale-II w.e.f. 01.04.1991 and then Middle Managing Grade Scale-III w.e.f. 28-12-1996. Thereafter, he was promoted to Sr. Management Grade Scale-IV w.e.f. 01.04.2002. As his date of birth according to the official record is 16.10.1952, his due date of retirement from service on attaining the age of superannuation is 31.10.2012. The petitioner had opted for ‘pension scheme’ from bank service as per option exercised by him. The petitioner has discharged his duty as a Branch Manager in different branches of the bank and also has been issued merit certificate dated 30.12.2006 by the Bank Management in honour of his completion of 25 years of unblemished track record together with award of a “Medallion” in recognition of his contribution to the growth of the Bank. He has discharged his duty as Branch Manager in four States and five administrative Zones of the said Bank within the period of 25 years. While he was continuing in service, he was placed on suspension on 26.04.2007 on the allegation of misconduct and misappropriation of funds by middleman amounting to Rs. 10.15 Crores in deposit accounts of three State Government Organizations, namely Andhra Pradesh State Disaster Mitigation Society, Andhra Pradesh Vulnerable Reduction Fund Trust, both under Planning Department Andhra Pradesh State Secretariat and the Public University, Acharya NG Ranga Agricultural University constituted under Andhra Pradesh State Agricultural University Act, 1963. After suspension, the Zonal Manager, Bank of India, Hyderabad Zone called upon the petitioner to submit his explanation vide memo dated 07.08.2007 which was served on him on 08.08.2007 and accordingly, he submitted his written explanation on 27.08.2007. having not satisfied with the explanation, major penalty proceeding was initiated against him with issuance of articles of charge dated 01.03.2008 by the General Manager, HR, Head Office, the Disciplinary Authority and the same was served on the petitioner in person on 01.04.2008 through Zonal Office, Hyderabad. The petitioner submitted his written statement dated 10.04.2008 addressing to the Zonal Manager, HR, the Disciplinary Authority through Zonal Office, Hyderabad and denied the charges leveled against him. The Disciplinary Authority vide order dated 29.04.2008 ordered for initiation of departme