PUNJAB STATE COOPERATIVE BANK LIMITED Vs. MILKHA SINGH

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) The predecessor-in-interest of the respondents Sri Milkha Singh since deceased was a senior accountant in the Gurdaspur Central Co-operative Bank Ltd. For alleged misconduct of the said employee in misappropriating the funds of the appellant Bank, Sri Milkha Singh was placed on suspension on 6-5-1974. A Criminal Case under Sections 409, 467, 468, 477A and 120B, IPC was registered against the said employee but he was discharged in the said case by the Chief Judicial Magistrate Gurdaspur on 26-11-1977. Sri Milkha Singh was allowed to join duties on 19-4-1978. Subsequently, a departmental proceeding was initiated against Sri Milkha Singh and penalty for stopping promotion for two years was imposed on the said employee vide order dated 13-7-1984. The period from 6-5-1974 to 19-4-1978 was also regularised against leave vide order dated 6-2-1985.

(3.) Sri Milkha Singh challenged the order of punishment and order regarding regularisation of the period under suspension in a Civil Suit initiated on 23-4-1986. Such suit was decreed with cost on 15-10-1990. The Managing Director of the appellant Bank thereafter preferred an appeal against the said decree before the learned District Judge. Such appeal was dismissed as time barred on 9-9-1991. The Judgment of the lower appellate Court was challenged by the appellant in revision petition filed before the High Court. The High Court allowed the revision petition and the delay in preferring appeal was condoned and the appeal was remanded for disposal on merits. The appeal was, however, dismissed with cost of affirming the decree of the trial Court on merits. The Managing Director of the appellant Bank thereafter preferred a second appeal before the High Court. By the impugned order, such second appeal has been dismissed on a finding that the Managing Director was not competent to prefer the said appeal without the approval by the Board of Directors of the Bank. Such decision of the High Court is impugned in this appeal.