- (1.) PETITIONER has filed this petition challenging the orders dated 6.1.1992 (Annexure P -6) and 25.11.1992 (Annexure P -8). Case of the petitioner, in brief, is that she was employed as Clerk -cum -Cashier with the respondent bank at Amritsar. A criminal case was got registered against the petitioner in the year 1983 under Section 409, 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860 on the allegations that there had been a shortage of Rs. 1,00,000/ - in the currency chest during the checking conducted in July 1983. Petitioner was on maternity leave with effect from 16/19.5.1983 to August 1983. Petitioner was suspended on 23.7.1983. The Trial Court ordered the acquittal of the petitioner vide judgment dated 17.8.1990 and it was held as under: - "As discussed above, the prosecution has not been able to show that when accused Ramesh Kaur proceeded on leave the cash was short in the chest. After the charge was handed over by her, she cannot be held responsible for any shortage. Under these circumstances, the prosecution has failed to prove the allegations against accused Ramsh Kaur and she is acquitted of the charge framed against her. File be consigned to the record room."
(2.) AFTER her acquittal by the Criminal Court, petitioner approached the bank for permission to enable her to join her duty. However, respondent No. 2 informed the petitioner that it had been decided that a departmental enquiry would be held against the petitioner with regard to shortage in question. Petitioner approached this Court by way of CWP No. 14952 of 1990 and on 8.2.1991, following order was passed by this Court: - "After hearing the learned counsel for the parties, we dispose of this writ petition with the direction, that the petitioner shall be reinstated and paid her back wages to which she is found entitled under rules. The departmental enquiry pending against the petitioner shall be expedited and will be finalised preferably within six months."
(3.) THEREAFTER , petitioner was allowed to join her duty with effect from 15.2.1991 but she was not paid the arrears of back wages. Thereafter, petitioner filed C.O.C.P No. 284 of 1991 and the same was disposed of vide order dated 12.4.1991 (Annexure P -1) and rule was ordered to be discharged as the petitioner had been allowed to join her duty. Thereafter, petitioner filed CWP No. 7607 of 1991 and the same was disposed of vide order dated 26.7.1991 (Annexure P -2) and the following order was passed by this Court: - "In pursuance of our earlier order the petitioner has since been reinstated in service after she was acquitted by the Criminal Court. Learned counsel for the Bank further states that she is being paid salary regularly and within a couple of months the enquiry shall be finalised and whatever is found due to her, shall be paid to the petitioner within a month thereafter. Accordingly, we dispose of this petition with a direction that the departmental enquiry against the petitioner shall be finalised positively by 31.10.1991 and the payment of wages to which the petitioner is found due, shall be disbursed to her within fifteen days thereafter. If the amount is not disbursed to the petitioner within the stipulated period, the same shall be payable with the interest at the rate of 12 percent per annum from the date it accrued till the date of payment." In the enquiry proceedings, the enquiry officer submitted his report dated 22/23.10.1991 that charges levelled against the petitioner were not proved. However, the punishing authority did not accept the findings of the enquiry officer and issued a show cause notice to the petitioner. Thereafter, the disciplinary authority passed the impugned order dated 6.1.1992 (Annexure P -6) and awarded punishment of stoppage of one increment with cumulative effect and it was further held that the petitioner would not be entitled to any monetary benefit except the subsistence allowance, already paid to her, during the period of suspension. Appeal filed by the petitioner was dismissed by the Appellate Authority vide impugned order dated 25.11.1992 (Annexure P -8). Hence, the present petition.;