The main legal point established in the judgment is that the dismissal of an employee must be proportionate to the misconduct, and in this case, the court found the dismissal to be disproportionate and substituted the penalty with compulsory retirement.

JUDGMENT :

VIPIN SANGHI, J.

1. The petitioner has preferred the present Writ Petition to seek the following reliefs:

“(I) Issue a writ, order or direction in the nature of certiorari quashing the order dated 17/08/2007 issued by the Disciplinary Authority, order dated 24/10/2008 passed by the Appellate Authority and order dated 30-06-2017 passed by the Reviewing Authority (Annexure No. 1, 2 and 3 to the Writ Petition).

(II) Issue a writ, order or direction in nature of mandamus commanding the Respondents to grant and pay all consequential benefits including entire back wages, allowances, all retirement dues and other service benefits admissible to the Petitioner along with interest at the rate of twelve per cent per annum.

(III) Issue a writ, order or direction in nature of mandamus commanding the Respondent No. 1 to reconsider the Petitioner's option for pension submitted on 12/09/2010 in terms of the Bank's circular No. 316 dated 1st September, 2010 and to pay due pension to the Petitioner with effect from 01/10/2009. i.e. the date of his attaining the age of superannuation.

(IV) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to pay interest on the Provident Fund amount of the Petitioner for the period between 20/08/2007 and 01/10/2009 (i.e., up to the date of actual payment).

(V) Issue other writ, order or direction as may deem fit and proper in the circumstances of the case.

(VI) Award cost of the writ petition.”

2. The facts, in brief, leading to the filing of the present Writ Petition, are that the petitioner was appointed in the respondent-Central Bank of India on 28.04.1971 as Clerk-cum-Typist. From time to time, he earned promotions, and attained the rank of Senior Manager (in Middle Management Grade Scale-III). He was also a member of the Central Bank Officers’ Association, Agra Zone, which was a registered Trade Union, and recognized by the Central Bank of India. On 26.05.2006, while serving at the Civil Lines, Agra Branch of the respondent-Bank, he was transferred to Agra Cantt. Branch in the position of Senior Manager. He reported for duty at Agra Cantt. Branch on 25.09.2006. The petitioner was sought to be transferred from Agra Cantt. Branch to Dehradun Branch vide letter dated 14.10.2006. The petitioner was aggrieved by the said transfer on the ground that he was the office bearer of the registered Trade Union, and he was a protected employee. He claimed that he could not be transferred, and placed reliance in this regard on the Circular dated 01.01.1997, governing transfer of officers. Clause 2.3 of the said Circular provided:

“2.3 Officers having left over service of 2 years or less prior to superannuation and the principal office bearers of AICBOF and AICBOA i.e. President, General Secretary, Treasurer of All India Body and/or the Zonal/State units and Regional Secretaries, may be retained in the same station but they shall be posted to a different branch/office wherever applicable.”

3. The petitioner went on leave, and being aggrieved by his transfer vide order dated 14.10.2006, from Agra Cantt. Branch to Dehradun Branch, the petitioner preferred a Writ Petition, being Writ Petition No. 61254/2006, before the Allahabad High Court to assail the same. On 09.11.2006, the Allahabad High Court directed maintenance of status quo in regard to the petitioner’s transfer. The said order reads as follows:

“Short counter affidavit and supplementary affidavit filed today may be taken on record.

As prayed, 3 weeks time allowed for filing a detailed counter affidavit and 3 weeks thereafter for rejoinder affidavit. List for admission immediately thereafter.

Till the next date of listing parties shall maintain status quo as on today.”

4. The petitioner states that, in pursuance of the Interim Order granted by the Allahabad High Court, he resumed his duties at the Agra Cantt. Branch on 10.11.2006. He states that the Chief Manager of the Agra Cantt. Branch acknowledged his letter, and the certified copy