J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. The present appeal is arising out of the judgment dated 05.04.2021, passed in W.P.(C.) No. 625/2016 by which the learned Single Judge has quashed the charge sheet dated 31.05.2013 and in respect of the charge sheet dated 11.11.2009; the matter has been remanded back to the disciplinary authority to pass fresh order.

2. The undisputed facts of the case reveal that the appellant before this Court was appointed as a Clerk in the services of Union Bank of India in 1973 and the last position held by the Appellant was that of General Manager. The Appellant retired after rendering 36 years of service.

3. The Appellant, while he was in service was subjected to disciplinary proceedings and a charge sheet was issued on 29.11.2008 in respect of alleged misconduct relating to sanction of credit facilities to one M/s. Khatri Mineral & Mining Company at Jabalpur while he was serving as Assistant General Manager in the year 2007.

4. The Appellant before this Court was due for retirement on 31.12.2009 and before his retirement a second charge sheet was issued on 11.11.2009. The Appellant in respect of the first charge sheet dated 29.11.2008 was held guilty of the misconduct and the disciplinary authority by an order dated 03.12.2009 inflicted a punishment of dismissal from service. The Appellant did prefer an appeal in the matter on 09.01.2010 and finally the Appellate Authority passed an order dated 06.03.2012 reducing the punishment of dismissal from service to that of compulsory retirement.

5. The undisputed facts of the case make it very clear that the punishment of compulsory retirement was not challenged by the Appellant while filing the writ petition

6. It is pertinent to note that the third charge sheet was also issued after the retirement of the Appellant on 31.05.2013 and the competent authority keeping in view the Union Bank Of India Officer Employees’ (Discipline and Appeal) Regulations, 1976 proceeded ahead in the matter and the Enquiry Officer submitted a report on 20.02.2014. A copy of the report was forwarded to the Appellant and, thereafter finally an order was passed on 06.01.2015 withholding the monthly pension payable to the Appellant keeping in view the Regulation 43 of the Union Bank of India Officer (Employees’) Pension Regulations, 1995.

7. The Appellant being aggrieved by the order dated 06.01.2015 preferred an appeal on 11.03.2015 and the Appellate Authority by an order dated 28.05.2015 has dismissed the appeal keeping in view the gravity of lapse on the part of the Appellant and the order of the Disciplinary Authority dated 06.01.2015 was upheld. The Appellant, in the year, 2016 preferred a writ petition which is the subject matter of the present LPA on 19.01.2016, praying for the following reliefs in W.P.(C.) No. 625/2016:

“In view of the foregoing submissions, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:

(a) issue writ in the nature of certiorari or any other writ(s), order(s) or direction(s) quashing the charge-sheets dated 11.11.2009 and 31.05.2013 as also consequent illegal inquiry and Report dated 5.2.14 and orders dated 06.01.2015 and 28.05.2015 passed by the Respondent Nos. 2 and 3 as also show-cause notice dated 23.10.2015;

(b) issue writ in the nature of mandamus or any other writ(s), order(s) or direction(s) directing the Respondents to grant full pension as also other retiral benefits including leave encashment and gratuity w.e.f. 12.12.09 with interest;

(c) cost of this Writ Petition may kindly be also allowed in favour of the Petitioner and against the Respondents since the Petitioner has been suffering due to malafide and illegal actions of the Respondents;

(d) pass such other or further order(s) as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice.”

8. The writ petition has been partially allowed by the learned Single Judge vide order dated 05.04.2021, passed in W.P