VAIDYANATH THAKUR Vs. THE PUNJAB NATIONAL BANK AND OTHERS

JUDGEMENT

(1.) The story is common place and a very usual one, the personas dramatis familiar, a delinquent, a disciplinary authority, inquiry officer and an investigator and the grand finals repetative of similar situations, followed by usual critical appraisal and comments. The petitioner, joined the service of the Punjab National Bank in 1946 and in due recognition of his services and unblemished record he was promoted as the Officer -in -Charge of Barbigha Branch in March, 1970. In April, 1971, he was posted as the Officer -in -Charge, Barn Branch, where he continued till, July, 1974. In August, 1974, he was transferred to Jharia Branch on a post which was lower in rank than that he was holding at Barh. On 5th November, 1975, he was suspended from Service. Thereafter a criminal case instituted against the petitioner culminated in his discharge consequent upon the submission of final form by the police due to insufficient evidence. In the meantime in June, 1977, the petitioner was served with a charge sheet. Thereafter an internal inquiry was conducted by one Ramesh Chandra, Commissioner of Departmental Enquiries, who was not the disciplinary authority. In the said inquiry G.N. Asthana, Inspector of the Bank, was a witness on behalf of the Bank but he did not turn up in spite of repeated requests by the petitioner as well. Ultimately, inquiry was concluded, followed by the dismissal of the petitioner (Annexure '6'). It is now. sought that Annexure 6, the order of dismissal, and the order dismissing the appeal (Annexure 8), be quashed.

(2.) Incidentally this is his second odyssey to this Court. The first one culminated in remand by a Bench of this Court in C. W. J. C. No. 25 of 1980 with certain directions. On remand, the penal consequence remained undiluted. Hence, the present application.

(3.) The changes described by the Bank as grave are set out in Annexure '3' and are 23 in number, broadly based on the report of Shri Asthana. In view of their length and size I am not setting them cut here. Basically the charges relate to acts of impropriety and non -observance of rules and procedures, thereby causing great financial risk to the Bank.