- (1.) Leave granted.
(2.) This appeal has been preferred against the impugned judgment and order dated 25.9.2012 passed by the High Court of Punjab and Haryana at Chandigarh in L.P.A.No. 2028 of 2011, by way of which it has reversed the judgment and order of the learned Single Judge dated 20.5.2011 passed in Writ Petition No. 1201 of 1988, by which and whereunder the learned Single Judge had awarded the relief to the appellant herein on the ground that in case the Disciplinary Authority does not agree with the findings recorded by the Enquiry Officer in disciplinary proceedings, the Disciplinary Authority must record reasons for disagreement and communicate the same to the delinquent and seek his response and only after considering the same, he could pass the order of punishment.
(3.) Facts and circumstances giving rise to this appeal are that: A. The appellant was appointed as Clerk/Cashier in the respondent Bank in the year 1969 and was promoted as Accountant in the year 1977, and further promoted as Assistant Manager in the year 1981. The Disciplinary Authority put him under suspension in November, 1982 for certain delinquencies and in respect of the same, a chargesheet dated 7.2.1983 was served upon him containing four charges namely: (i) Tampering with official record to the detriment of the Bank's interest; (ii) Indulging in un-authorized business against the interest of the Bank; (iii) Mis-utilising official position to benefit relatives and friends against the interest of the Bank; and (iv) Concealment of facts from the authorities. B. The appellant submitted his reply to the said charges in July, 1983 denying all the allegations and further submitting that it was the Branch Manager who had sanctioned all the loans and advances and all the entries had been made at his behest. As the Disciplinary Authority was not satisfied with the reply submitted by the appellant, an Enquiry Officer was appointed to examine the charges. C. After conducting and concluding the enquiry, the Enquiry Officer submitted report dated 27.2.1985 exonerating the appellant on all the charges and in support of the findings sufficient reasons had been given on each charge. D. The Disciplinary Authority partly agreed with the findings on charge Nos. (ii) and (iii), but disagreed with the findings qua charge Nos. (i) and (iv), and vide order dated 27.4.1985 imposed the punishment of dismissal from service. E. Aggrieved, the appellant preferred the appeal against the said order under Regulation 17 of the Punjab National Bank Officers/Employees (Discipline and Appeal) Regulation 1977 (hereinafter referred to as the 'Regulations), and the appeal was dismissed vide order dated 14.8.1985 by the Appellate Authority. The Appellate Authority also concurred with the findings on two charges recorded by the Enquiry Officer. F. Being aggrieved of the order of the Appellate Authority, the appellant filed review petition under Regulation 18 of the Regulations and the said review petition was also dismissed vide order dated 19.8.1987. G. The appellant challenged the said orders of punishment by filing a Writ Petition No. 1201 of 1988 before the High Court of Punjab and Haryana at Chandigarh. The said writ petition was contested by the respondent Bank. The learned Single Judge allowed the said writ petition vide judgment and order dated 20.5.2011, holding that in case the Disciplinary Authority disagrees with the findings recorded by the Enquiry Officer, he must record reasons for the dis-agreement and communicate the same to the delinquent seeking his explanation and after considering the same, the punishment could be passed. In the instant case, as such a course had not been resorted to, the punishment order stood vitiated. H. Aggrieved, the respondent Bank preferred LPA before the Division Bench which has been allowed taking a view that as the punishment had been imposed prior to the date of judgment in Managing Director, ECIL, Hyderabad, etc.etc. v. B. Karunakar etc.etc., 1994 AIR(SC) 1074 i.e. 20.11.1990, and as there was no requirement of issuing a second show cause notice before the punishment was imposed, the question of serving the copy of the reasons recorded for dis-agreement to the delinquent would not arise. Hence, this appeal.;