L.S.THAKUR Vs. PUNJAB NATIONAL BANK
LAWS(HPH)-1997-8-27
HIGH COURT OF HIMACHAL PRADESH
Decided on August 14,1997

L.S.THAKUR Appellant
VERSUS
PUNJAB NATIONAL BANK Respondents





Cited Judgements :-

ANIL KUMAR DOBHAL VS. STATE BANK OF INDIA [LAWS(HPH)-2003-3-23] [REFERRED]


JUDGEMENT

M.SRINIVASAN,C.J. - (1.)Since these writ petitions are to be allowed on a very short ground, we are not considering any of the contentions raised by the learned counsel for the petitioners. There was a disciplinary enquiry against the petitioners in the present cases and the enquiry authority found against them. The disciplinary authority accepted the inquiring officers reports and passed the orders removing the petitioners from service. Appeals were filed by the petitioners. In the memoranda of appeals a request was made for personal hearing.
(2.)The appellate authority did not give a personal hearing on the ground that there was no provision in the regulations applicable to the employees. The appellate authority considered the matter on the basis of the record and dismissed the appeals upholding the orders passed by the disciplinary authority.
(3.)It is represented in these cases that the inquiry officers reports were not furnished to the petitioners before the order of the disciplinary authority was passed and they were made available only at the stage of appeals. It is not in dispute that the inquiring authoritys reports were perused by the petitioners and contentions were raised before the appellate authority. No doubt the regulations applicable to the employees, namely, Punjab National Bank Officer Employees (Discipline and Appeal) Regulations, 1977, do not provide for a personal hearing. Regulation No. 17 deals with appeals. But clause (ii) of Regulation No. 17 provides that the Appellate Authority shall consider whether the findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders.


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