M.L. Singhal, J. - (1.) CHAND Singh is officer in the Punjab & Sind Bank Vide order dated 07 11 1989, Deputy General Manager (Zonal Head), Punjab & Sind Bank, Sector 17 -B, Chandigarh, imposed upon him the following punishment pursuant to charge -sheet issued to him vide letter dated 14 10 1987 and enquiry conducted into that charge -sheet (i) Reduction in the same time scale by two stages (ii) Recovery of Rs 500/ - per month from salary till adjustment of Rs. 5,606 78 outstanding in I.B.C. and balance outstanding in OD of Waryam Singh & M/s Super Auto Diesel Services at B.O. Muktsar, Facts as set out by the Plaintiff: No proper procedure as adopted for conducting enquiry as laid down in the Punjab & Sind Bank Officer, Employees (Discipline & Appeal) Regulations, 1981. No proper or reasonable opportunity was given to him to defend his case before the start of enquiry, during the enquiry, after the submission of the enquiry report and before awarding punishing vide order dated 7.11.1989. Deputy General Manager (Zonal Head) was not the competent/disciplinary authority to issue charge sheet, order for enquiry and pass order dated .7.11.1989 punishing him with the said punishment because at the time of awarding punishment, he was working as Junior Manager Grade Scale -I (hereinafter referred to as 'JMGS -I') and qua him, the punishing authority was Regional Manager and not the Deputy General Manager (Zonal Head). Defendants are not entitled to recover the amount of Rs. 5,606.78p from the Plaintiff in the light of decree dated 30.7.1991 obtained by Punjab & Sind Bank in Civil Suit No. 297 of 1989 titled "Punjab & Sind Bank v. M/s Super Auto Diesel Services", from the Court of Additional Senior Sub Judge, Muktsar. On these allegations, the Plaintiff filed suit for declaration that order dated 7.11.1989 of Deputy General Manager (Zonal Head)/disciplinary authority of the Punjab and Sind Bank, Zonal Office, Sector 17 -B, Chandigarh, imposing upon him the aforesaid punishment was null and void, illegal, unlawful, against equity, justice, rules and regulations and also for permanent injunction restraining the Defendants from recovering the amount of Rs. 5,606.78 pursuant to order dated 07.11.1989.
(2.) DEFENDANTS contested the suit of the Plaintiff. It was urged that the suit is barred by time. Suit is not maintainable in the present form. It was denied that there was no proper enquiry into the charge -sheet in accordance with law and procedure governing the conduct of enquiries. Order of Punishments is valid, legal, lawful, and in consonance with equity, justice and rules & regulations. Enquiry report was supplied to the Plaintiff and proper and reasonable opportunity was given to him to defend his case before the start of enquiry and during the pendency of the enquiry and also after the submission of the enquiry report and also before awarding him punishment vide order dated 07.11.1989. It was denied that the amount of Rs. 5,606.78 was not recoverable from the Plaintiff in view of the decree passed in Civil Suit No. 297 of 1989 titled 'Punjab & Sind Bank v. M/s Super Auto Diesel Services' by Additional Senior Sub Judge, Muktsar. On these pleadings of the parties, the following issues were framed: (1) Whether the order dated 7.11.89 for which punishment was awarded to the Plaintiff is illegal, void and null on the grounds mentioned in the plaint? OPP. (2) Whether the Plaintiff is entitled to declaration as prayed for?OPP. (3) Whether the Plaintiff is entitled to the injunction as prayed for?OPP. (4) Whether the suit is time barred?OPD. (5) Whether the suit is not maintainable?OPD (6) Whether the suit has not been properly assessed for the purposes of Court fee?OPD (6 -A) Whether DGM(Zonal Head) was not competent authority/Disciplinary authority to issue the charge sheet and enquiry in passing of the impugned order against the Plaintiff as to order dated 7.11.89 as alleged? OPP (7) Relief. Vide order dated 12.3.1997, Additional Civil Judge(Senior Division), Faridkot, decreed the suit and declared the impugned order dated 07.11.1989 as null and void, illegal and against the principles of natural justice, in view of his finding that the disciplinary authority of the Plaintiff was Regional Manager while the impugned order was passed by Deputy General Manager (Zonal Head). It was found that the Regional Manager was the disciplinary authority of JMGS -I which the Plaintiff was at the relevant time. Plaintiff's suit was found to be within time.
(3.) PUNJAB & Sind Bank went in appeal which was dismissed by learned Additional District Judge, Faridkot, vide order dated 20.7.1998. Still not satisfied, Punjab & Sind Bank has come up in further appeal to this Court.;