PUNJAB NATIONAL BANK CHIEF PERSONNEL DISCIPLINARY AUTHORITY PUNJAB NATIONAL BANK Vs. KUNJ BEHARI MISRA:SHANTI PRASAD GOEL

JUDGEMENT

(1.) In these two appeals the common question which arises for consideration is that when the inquiry officer, during the course of disciplinary proceedings, comes to a conclusion that all or some of the charges alleging misconduct against an official are not proved then can the disciplinary authority differ from that and give a contrary finding without affording any opportunity to the delinquent officer.

(2.) The respondents in these two appeals, namely, Shri Kunj Behari Misra and Shri Shanti Prasad Goel were working in the appellant-bank in the Hazratganj Branch, Lucknow, as Assistant Managers. On 10th November, 1981 on physical verification of the currency chest a shortage of Rs. 1 lac currency notes was found. Thereafter first information report was lodged and disciplinary proceedings were initiated by the appellant- bank against both the respondents, who were also placed under suspension. Six charges were framed against Misra while the charge- sheet served on Goel contained seven charges. The disciplinary authority did not conduct the inquiry itself and an inquiry officer was appointed to hold the inquiry.

(3.) The inquiry officer gave the respondents opportunity of being heard. In his report submitted in connection with the inquiry against Misra, he found him guilty only of one charge, namely, that he did not sign the relevant register from 20th October, 1981 to 9th November, 1981 but exonerated him of charges two to six. As far as Goel is concerned the inquiry officer, in his report, found him not guilty of any of the charges and exonerated him.