Allahabad High Court
GANESH SINGHversusPRESIDING OFFICER AND ANOTHER
- Decided
Holding
The writ petition is disposed, with the court directing the bank to consider the employee's acquittal judgments and decide on any relief within a stipulated period.
Summary
The petitioner, a former bank employee, was terminated on 27 November 2001 on the ground that he was involved in three criminal cases. The Labour Court upheld the termination, noting the seriousness of the pending cases. While the writ petition was pending, the petitioner was acquitted in all three criminal matters by judgments dated 15 October 2014, 23 September 2024, and 25 April 2025. The petitioner argued that termination based solely on pendency, without any disciplinary proceeding, should be revisited in view of the acquittals and that he is entitled to pecuniary benefits despite having crossed the age of superannuation. The High Court disposed of the writ petition, directing the bank to consider an application disclosing the acquittal judgments within four weeks and to decide the matter expeditiously, keeping all factual and legal issues open.
Issues considered
- Whether termination of an employee on the ground of pendency of criminal cases, without disciplinary proceedings, remains valid after the employee's acquittal.
- Whether the employee is entitled to pecuniary benefits after termination and having crossed the age of superannuation.
Subjects
- termination
- criminal acquittal
- industrial dispute
- pecuniary benefits
- superannuation
- writ petition
- bank employee
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27971 of 2014
Ganesh Singh
.....Petitioner(s)
Versus
Presiding Officer And Another
.....Respondent(s)
Counsel for Petitioner(s) : Jamal Khan, Krishna Mani, Manas
Singh, Pooja Singh, Sanjeev Singh
Counsel for Respondent(s) : Sanjiv Singh, Santosh Kr. Singh
Paliwal, Siddharth
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Sanjeev Singh, learned Senior Advocate assisted by Sri
Manas Singh, learned counsel for petitioner and Sri S.B. Singh, learned
Standing Counsel for State.
2. The petitioner being an ex-employee of respondent-Bank was
terminated vide an order dated 27.11.2001 on a ground that he was
involved in 3 criminal cases and on an application of petitioner, an
industrial dispute was referred, however, the Labour Court vide an award
dated 28.02.2008 (published on 09.09.2013) held that petitioner was
admittedly involved in 3 criminal case which are of serious nature,
therefore, order of termination was held legally valid.
3. Aforesaid order was challenged by petitioner by filing present writ
petition.
4. During pendency of this writ petition, in all 3 criminal cases, trial is
concluded and vide judgments dated 15.10.2014, 23.09.2024 and
25.04.2025, respective judgments of acquittal were passed. A copy of said
judgments is placed on record.
5. Learned Senior Advocate submits that since petitioner was terminated
only on a ground of pendency of criminal cases without initiating any
disciplinary proceedings, therefore, outcome of criminal trial has a
relevancy to present case, therefore, it is still required to be considered by
WRIC No. 27971 of 2014
2
the Bank so that in case order of termination goes and considering that
petitioner has already crossed age of superannuation, pecuniary benefits
can still be granted.
6. In aforesaid circumstances, this writ petition is disposed of with an
observation that in case petitioner moves an application before concerned
Bank disclosing all subsequent events and judgments of acquittal as well
as judgments of this Court and Supreme Court on the issue within four
weeks from today, concerned respondent-Bank will consider and decide
the same expeditiously preferably within 3 months thereafter. All issues
on facts as well as on law are kept open.
(Saurabh Shyam Shamshery,J.)
September 18, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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