SHRI S.P. MALHOTRA Vs. THE PUNJAB NATIONAL BANK AND ORS.
LAWS(P&H)-2011-5-251
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 20,2011

Shri S.P. Malhotra Appellant
VERSUS
The Punjab National Bank And Ors. Respondents

JUDGEMENT

- (1.) The writ petition challenges the order of dismissal from service of the Petitioner, who was an Assistant Manager in the Respondent's Bank. The Petitioner was removed after instituting an enquiry for misconduct during his service as an Assistant Manager. The Enquiry Officer had found the Petitioner guilty of two charges partially while exonerating the Petitioner of two other charges. The disciplinary authority differed with the view of the Enquiry Officer and sought to reverse the finding to hold that all the charges had been established. The Petitioner's contention at the time when he preferred the appeal was that the order was passed by the disciplinary authority without following the procedure laid down under Regulation 7 dealing with discipline and appeal regulations of 1977. The appellate authority rejected the appeal by a cryptic order affirming the decision of the disciplinary authority. A right of review given to the higher officer was also rejected by a mere order of affirmation and without detailing the grievances that the Petitioner had.
(2.) The point involved in the writ petition is whether the action taken by the disciplinary authority for removal was vitiated by its failure to follow the principles of natural justice and whether the findings regarding proof of charges were rendered with no evidence available at all for entering such a conclusion.
(3.) The Petitioner joined the Bank in the year 1969 as a Clerk and promoted as an Assistant in the year 1977. He gained further promotion as Assistant Manager in the year 1981 and during his tenure as such, he was suspended in the year 1982 preparatory to institution of an enquiry and later an enquiry was constituted and a charge-sheet levied against the Petitioner on 07.02.1983.;


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