JUDGMENT :

NEERAJ TIWARI, J.

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Sanjay Kumar Rai, learned counsel for petitioner and Ms. Vatsala, learned counsel for respondent Nos. 2 to 5 (respondent-Bank).

2. By way of present petition, petitioner is challenging the orders dated 13.10.2010 and 11.08.2014 passed by Deputy Regional Manager, Bank of India, Regional Office, Varanasi, by which, petitioner has been denied the pension and leave encashment as well as Para-3 of circular dated 24.08.2010.

3. Learned Senior Counsel submitted that petitioner was appointed on 13.08.1988 as Clerk-cum-Cashier under the respondent-Bank of India (hereinafter referred to as ‘Bank’) at district Bhadohi, which is a nationalized bank and comes within the purview of Article 12 of Constitution of India. Petitioner was posted at different places and lastly, he was posted at district Jaunpur in October, 2001 where disciplinary proceedings were initiated against him. He was issued departmental charge sheet dated 05.01.2002, upon which, Inquiry Officer has submitted inquiry report dated 11.02.2002. The inquiry report was supplied to the petitioner alongwith show cause notice dated 14.06.2002. Pet