Hon'ble Suneet Kumar,J.

The petitioner was appointed on a Class-IV post with the respondent Bank of Baroda, while seeking appointment, petitioner submitted school leaving certificate wherein it was mentioned that petitioner passed Class VIII from C.A.V Intermediate College, Allahabad, 30.10.1962 was recorded as date of birth. Petitioner was appointed on 6.9.1982 as a peon. On verification it was found that the school leaving certificate was a forged document. Petitioner, studied in Kesar Vidyapeeth Inter College, Allahabad, passed High School examination in IInd Division in 1967, date of birth recorded in the High School Certificate was 12.9.1949.

A charge sheet was issued on 7/10.12.1993 for wilful concealment of facts regarding educational qualification, knowingly submitting false documents pertaining to educational qualification and date of birth, in connection with employment, making false statement in the application pertaining to employment.

Inquiry was conducted by Deepak Khatri, Manager, submitted enquiry report on 21.3.1998, wherein the charges 1 to 5 was proved. Petitioner pleaded guilty and submitted unconditional apology, accordingly the Inquiry Officer proposed punishment, "Stoppage of four increments with cumulative effect which will have the effect of postponement of his future increments".

On 1.5.1998, Disciplinary Authority gave personal hearing to the petitioner, both the petitioner and the defence representative appeared before the Disciplinary Authority, admitted the allegations and requested to take a lenient view, stating that two different certificates were submitted to get employment but not to cheat the Bank. Taking a lenient view, the Disciplinary Authority imposed punishment of stoppage of four increments with cumulative effect. The petitioner thereafter did not prefer any appeal but filed writ petition no.64540 of 2008 after a lapse of 10 years, seeking a direction to decide the appeal dated 27.5.1998. Appeal was never received by any of the Branches, Regional Office or the appellate authority, however, the appellate authority considering the appeal on merits dismissed the appeal.

Thereafter, treating the date of birth of the petitioner as 12.9.1949, a letter dated 12.6.2009 was issued stating that the petitioner would retire on 30.9.2009.

Petitioner by means of this writ petition is assailing the order dated 5.5.1998 passed by the Disciplinary Authority, order dated 13.7.2009 passed by the Appellate Authority and the letter dated 12.6.2009 issued by the Asstt. General Manager.

The Court on 10.8.2009 vide interim order stayed the effect and operation of the retirement notice dated 12.6.2009. The order is extracted below:

"The submission is that the petitioner's date of birth is 30.10.1962 as is evident from his High School Certificate, copy whereof has been filed as Annexure-3 to the writ petition. By the impugned notice respondents are going to retire the petitioner by erroneously treating his date of birth as 12.9.1949. Upon perusal of the copy of the petitioner's High School certificate and the impugned notice of retirement, the submission made by the learned counsel for the petitioner primafacie appears to be correct.

In view of the above, it is provided that ill the next date of listing, the effect and operation of the retirement notice dated 12.6.2009 shall remain in abeyance."

Shri Ashok Trivedi, learned counsel appearing for the respondent Bank submits that the petitioner is a fraudulent person and has obtained appointment by playing fraud and misrepresentation, further by pleading false averments in the writ petition, the petitioner has obtained the interim order.

It is further, submitted that on the strength of the interim order, the Bank is continuing the petitioner in service after retirement and salary is being paid to the petitioner. The facts regarding date of birth is not in dispute as it was the subject matter of the disciplinary proceedings and it was admitted by the petitioner th

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