Gopal Prasad Jaiswal vs Chhattisgarh Rajya Gramin Bank
2021 Latest Caselaw 1150 Chatt

                                     1

                                                                NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR

                       WPS No.3679 of 2015

      Gopal Prasad Jaiswal, S/o Late Shri J. R.
       Jaiswal, Aged About 55 Years, R/o Purani
       Basti, Gopiyapara, Akaltara, PO & PS Janjgir
       Champa Dist, Chhattisgarh State. PIN 495552

                                                   ­­­­ Petitioner

                            Versus

     1. Chhattisgarh Rajya Gramin Bank Through Its
        Chairman, Head Office, Mahadev Ghat Road,
        Sunder   Nagar  (PO   &   PS), Raipur Dist,
        Chhattisgarh State PIN 492013

     2. General Manager (Admn) Chhattisgarh Rajya
        Gramin Bank, Head Office, Mahadev Ghat Road,
        Sunder Nagar (PO & PS), Raipur, Raipur Dist,
        Chhattisgarh State PIN 492013

                                                  ­­­­ Respondents

For Petitioner Mr. K. R. Nair, Advocate For Respondents None, though served

Hon'ble Justice Shri Sanjay K. Agrawal

Order On Board

14/07/2021

1. The proceedings of this matter have been

taken up through Video Conferencing.

2. Mr. K. R. Nair, learned counsel for the

petitioner, would submit that the petitioner

was placed under suspension by the

respondent bank vide order dated 17.04.2010

(Annexure­P/2), while he was charge­sheeted

on 16.03.2011 (Annexure­P/3). The Enquiry

Officer submitted his report on 15.07.2014

(Annexure­P/4) and thereafter the petitioner

submitted his final defence statement vide

Annexure­P/5 dated 30.07.2014 and thereafter

the Disciplinary Authority issued a show

cause notice dated 01.09.2014 (Annexure­P/6)

and the petitioner submitted his reply dated

27.09.2014 (Annexure­P/7) and finally the

Disciplinary Authority imposed a major

penalty upon the petitioner vide order dated

14.10.2014 (Annexure­P/8), which has been

confirmed by the Appellate Authority vide

order dated 15.04.2015 (Annexure­P/1). He

would further submit that though the

disciplinary proceeding has been terminated

on 22.10.2014, no order has been passed with

regard to full wages and allowances from

17.04.2010 to 29.11.2014 for which the

petitioner has made representation to the

General Manager, Chhattisgarh Rajya Gramain

Bank, the respondent No.2 on 07.08.2015

(Annexure­P/10), but no decision has been

taken on the said representation for payment

of full wages and allowances for the

aforesaid period, therefore, the respondent

authorities may be directed to consider and

decide the representation of the petitioner.

He would also submit that the petitioner's

case is covered by the decision rendered by

the Supreme Court in the matter of Ajay

Kumar Choudhary vs Union of India through

its Secretary and another1.

3. None for the respondents, though served.

4. I have heard learned counsel for the

petitioner, considered his submission made

herein­above and went through the records

with utmost circumspection.

5. It is apparent from the record that the

petitioner was placed under suspension vide

order dated 17.04.2010 (Annexure­P/2) and

was inflicted with the major penalty vide

order dated 14.10.2014 (Annexure­P/8), which 1 (2015) 7 SCC 291

was received by the petitioner on

29.11.2014, but while passing the impugned

order, no order has been passed by the

Disciplinary Authority with regard to the

payment of wages and allowances from

17.04.2010 to 29.11.2014, which the

Disciplinary Authority ought to have passed,

as it is the case of the petitioner that

during the suspension period, he has only

been paid the subsistence allowance. Even

the representation has been made by the

petitioner on 07.08.2015 (Annexure­P/10),

but the same has not been considered and

decided till date.

6. Be that as it may, since the petitioner's

representation is pending for payment of

full wages and allowances from 17.04.2010 to

29.11.2014 and no decision has been taken by

the Disciplinary Authority, the respondent

bank/Disciplinary Authority is directed to

take a decision on the petitioner's

representation for the payment of full wages

and allowances from 17.04.2010 to 29.11.2014

by passing a reasoned and speaking order

within a period of 45 days from the date of

receipt of copy of this order.

7. With the aforesaid observation, the writ

petition finally stands disposed of.

8. The petitioner is at liberty to make

additional representation and file

document/judgment of the Supreme Court in

the matter of Ajay Kumar Choudhary (supra).

Sd/-

Sanjay K. Agrawal Judge Nirala