JUDGMENT :

1. Heard Shri O.P. Singh, learned Senior Advocate assisted by Shri Ramesh Chandra Pandey, the petitioner in person, who is a practising lawyer of this Court since long, along with Shri Om Subhash Tripathi, learned counsel for the petitioner and Shri Abhishek Tandon, learned counsel appearing on behalf of respondent-Bank.

2. By order dated 26.09.2022, the Apex Court made a request from this Court to take up this writ petition at an early date and conclude the proceedings as early as possible, preferably within a period of six months from the date of receipt of copy of order. The period of six months has already expired in March, 2023.

3. The matter has been placed before me for the first time.

4. Having heard the learned counsel for the parties at length on 21.07.2023, the judgment was reserved.

5. This writ petition has been filed challenging the order dated 20.12.2006, whereby the petitioner was dismissed from banking services and also the order dated 30.11.2007, whereby his departmental appeal against the punishment order was dismissed. A writ of mandamus has also been sought regarding reinstatement of the petitioner on the post of Assistant Manager in the respondent-Bank with all financial and other consequential benefits as per the pleadings contained in the writ petition.

6. As per the pleadings contained in the writ petition, the petitioner was appointed on the post of Clerk-cum-Cashier in the office of Central Bank of India at Ram Kola Branch Deoria and, thereafter, he was promoted on the post of Sub Accountant/Assistant Manager, Padrauna Branch on 28.8.1985. On 31.12.1990, a new branch of the Central Bank of India was opened at Village Vishnupura, which was about 9 Kms. away from the office of Padrauna Branch Deoria and in addition to his duties, the petitioner was given the charge of the Branch Manager of the Vishnupura Branch. The petitioner worked on the post of Assistant Manager, Padrauna Branch as well as also discharged his duties on the post of Branch Manager, Vishnupura from 31.12.1990 to 22.06.1991 and during the said period, except the petitioner, no other employee was posted at Vishnupura Branch. Apart from the duty of officiating Branch Manager at Vishnupura, the petitioner had to work in the capacity of clerk, cashier and peon and also Manager to run cash remittance as per Banks Rules and norms and was also to fetch cash remittance to its nearest Padrauna Branch. There was no regular conveyance in between the Branches of Village Vishnupura and Padrauna, and the petitioner had to cover the said distance up and down, either by Rickshaw or Tanga, which created a lot of complications to the petitioner in attending the office of both the Branches on every working day due to non availability of other staffs. On 09.05.1991, the then Regional Manager, Central Bank of India, Gorakhpur issued a show cause notice to the petitioner with regard to delay in deposit of remittance of Vishnupura Branch to the Padrauna Branch, which was replied by the petitioner on 18.05.1991. Vide order dated 12.08.1991, the petitioner was placed under suspension by the Regional Manager, Gorakhpur w.e.f. 13.08.1991 in contemplation of the departmental enquiry. On 02.12.1991, the Regional Manager, Regional Office, Central Bank of India, Gorakhpur issued a charge sheet to the petitioner on flimsy, fake and vague allegations describing the following five charges:

(i) While working at Padrauna Branch Sri Pandey was deputed to Vishnupura Branch occasionally as Officiating Branch Manager from where he look cash of Rs. 1345/-of Rs. 2100/-of on 18.02.1991, 21.02.1991, 10.04.1991 respectively to deposit the same at Padrauna Branch. Though Sri Pandey reached at Padrauna Branch well in this the office of these dates, but he did not deposit the cash & kept the same with him unauthorisedly and deposited only after one two days the cash which he look on 18.02.1991 deposited on 20.02.1991, 21.02.1991 on 22.02.1991, and 10.04.1991 on 11.04.1991. He ha