Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8386 of 1997 ====================================================== Binod Kumar Yadav, son of Late Dwarika Prasad Yadav, resident of Mohalla Khalasi Tolla, P.S. Alamganj (Patna City), District Patna. .... .... Petitioner Versus 1. Management of Bank of Baroda represented through Zonal Manager, Bihar State Financial Corporation Building 8th Floor, Frazer Road, Patna. 2. The Disciplinary Authority, the Regional Manager, Bank of Baroda Regional Office, 63/D Srikrishnapuri, Patna – 800001. 3. The Manager, Bank of Baroda, Prakash Market Chowk Patna City, Patna -800008. .... .... Respondents ====================================================== For the Petitioner : M/s Devi Kant Jha and Birendra Kumar Jha, Advocates. For the Respondents : M/s K.N.Gupta and Satyendra Krishna Prasad, Advocates. ====================================================== P R E S E N T : HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 9 23-08-2012 This writ petition has been filed by the petitioner challenging letter no. RM CWB:PD:18/P PFC 184/797 dated 08.04.1997 (Annexure-1) by which the Disciplinary Authority, namely the Regional Manager, Bank of Baroda, Regional Office Patna (respondent no.2) imposed penalty of dismissal upon the petitioner and dismissed him from his service and also for directing the respondents to allow the petitioner to join his duties alternatively to be kept under suspension till the disposal of Cr. Appeal No.285 of 1996 pending for hearing before this High Court in which the petitioner had challenged the judgment Patna High Court CWJC No.8386 of 1997 (9) dt.23-08-2012 2 of conviction dated 20.09.1996 (Annexure-4) by which 9th Additional Sessions Judge, Patna punished the petitioner for two years rigorous imprisonment in Sessions Trial No.375 of 1995. 2. It is not in dispute that the petitioner was appointed in the services of Bank of Baroda, Eastern Zone (hereinafter referred to as „the Bank‟ for the sake of brevity) on 28.05.1982 and as per his posting he joined his service at Dhanbad Branch on 07.06.1982. From there the petitioner was transferred to Patna City Branch of the Bank in the year 1984 where he discharged his duties satisfactorily till his dismissal from service with effect from 08.04.1997 vide the impugned order of the authority concerned. 3. It is also not in dispute that in the year 1994 Alamganj PS. Case No.95 of 1994 was instituted against the petitioner for offences punishable under [STATUTE] on the allegation of subjecting his wife Urmila @ Parmila Devi to cruelty and harassment due to non-fulfillment of dowry and her subsequent murder in the night of 24.03.1994. Due to initiation of the said proceeding and his arrest the petitioner was put under suspension by the authorities of the Bank vide order dated 14.09.1994 Patna High Court CWJC No.8386 of 1997 (9) dt.23-08-2012 3 (Annexure-3). 4. It is also apparent from the records of the case that the aforesaid criminal case was committed to the court of sessions where it was numbered as Sessions Trial No.375 of 1995 and after a full trial it was found that the petitioner was guilty for offence punishable under [STATUTE] . The trial court came to the conclusion that the petitioner along with his family members were inflicting mental torture and ill-treatment to the deceased as she was not blessed with a child and he also threatened to marry another girl, who was acquainted with him and hence the petitioner was sentenced to undergo two years rigorous imprisonment for the said offence vide judgment dated 23.09.1996 and sentence dated 23.09.1996 (Annexure-4). 5. It further transpires from the record that after coming to know about the said conviction of the petitioner, the authority of the Bank sent notice dated 05.02.1997 (Annexure-6) to the petitioner asking the petitioner to show- cause why his services should not be terminated by the Bank under Clause 19.3 (a) of the Bipartite Settlement and section 10 (1)(b) of the Banking Regulation Act, 1948 (hereinafter referred to as „the Act‟ for the sake of brevity) as the punishment given Patna High Court CWJC No.8386 of 1997 (9) dt.23-08-2012 4 to him was for an offence involving moral turpitude. In response to the said show-cause notice the petitioner filed a reply on 13.02.1997 (Annexure-7) only on the ground that he had already filed an appeal against the judgment of his conviction and the said appeal had been admitted by the High Court where it was pending. 6. From the impugned order dated 08.04.1997 (Annexure-1) it is quite apparent that the authorities considered the said plea of the petitioner submitted in show-cause and found that it did not bar or restrain the authorities from proceeding further in the matter and hence taking into account the provision of section 10 (1)(b) of the Bipartite Settlement dated 19.10.1966 and having considered the conviction of the petitioner for offence involving moral turpitude the authorities imposed the penalty of dismissal without notice upon the petitioner with immediate effect. 7. It is true that against the judgment and conviction dated 23.09.1996 passed by 9th Additional Sessions Judge, Patna in Sessions Trial No.375 of 1995 the petitioner filed Cr. Appeal No.285 of 1996 before this court, which was admitted for hearing by a Bench of this court on 13.12.1996 (Annexure-5/1) and lower court records were called for and Patna High Court CWJC No.8386 of 1997 (9) dt.23-08-2012 5 notice was issued to the State of Bihar through the Advocate General. The record of the said criminal appeal has been produced before this court from which it is found that Cr. Appeal No.285 of 1996 was finally heard by a Bench of this court on 16.05.2011 and it was found that the deceased had been tortured and the ingredients of [STATUTE] were satisfied as the prosecution had been able to prove its case beyond

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.