- (1.)This Civil Appeal seeks to challenge the judgment and order dated 16.3.2004 rendered by a Division Bench of Punjab and Haryana High Court in Civil Writ Petition No.18847 of 2001, allowing the said Writ Petition filed by the respondent, a Senior Manager in the appellant-bank. That judgment and order quashed the disciplinary order passed by the appellant-bank reducing him in two stages in pay scale with cumulative effect and also directed that he be considered for further promotion. The facts leading to this appeal are this wise:-
(2.)The respondent at the relevant time was working as the Senior Manager in a branch of the appellant-bank at Narwana, Bahadurgarh. It was noticed by the bank that he had purchased third party cheques/drafts of huge amounts beyond the discretionary powers of lending. This was done without completing the pre-sanction formalities. The appellant-bank, therefore, served a show cause notice to the respondent on 26.2.1997 for committing these unauthorised acts. The respondent filed a detailed reply dated 12.4.1997. Therein the respondent admitted committing of the alleged acts. He, however, stated that this was done with the intention of increasing the profits of the bank. He also contended that the bank had not suffered any loss in these transactions.
(3.)The appellant-bank, thereafter, charge-sheeted the respondent on 1.12.1997 for two specific irregularities, they were as follows:-
"Charge No.1 Respondent had unauthorisedly purchased 3rd party cheques/drafts of huge amount aggregating to Rs.45.23 crores for a number of parties much beyond his discretionary powers of lending without completing pre-sanction formalities in violation of head office guidelines. Thus he violated Regulation 3(i) of Oriental Bank of Commerce Officer Employees (Conduct) Regulation, 1982.

Charge No.2 Respondent had released advance under the Prime Minister Rojgar Yojna, and unauthorisedly insisted such borrowers to provide collateral securities in the shape of immovable property and guarantee in violation of the above scheme."