PUNJAB & SIND BANK Vs. VIJAY KUMAR SHARMA

JUDGEMENT

(1.) Appellant Punjab & Sind Bank has preferred the present appeal against the judgment and order dated 25.08.2011 passed by the learned Single Judge whereby the writ petition filed by the respondent in the year 1997 has been allowed granting the following reliefs:-

(2.) It is firstly prayed that the impugned order be set aside and penalty of dismissal from service inflicted upon the respondent be restored; alternatively it is prayed that if the finding returned by the learned Single Judge that there is no evidence to hold respondent guilty even qua a part of charge-1, as held by the enquiry officer, is upheld, directions to pay full back-wages and grant promotions as also compensation in sum of Rs. 1 lakh be set aside for the reason the respondent was facing another departmental enquiry when he was dismissed from service and thus the appellant would be entitled as per service rules applicable to take into account said departmental proceedings which were dropped since the service rules do not envisage any disciplinary action against a dismissed employee.

(3.) In January 1988 the respondent was posted as Branch Incharge of the Sherpur Khaddar rural branch of the appellant bank. It is a place in the interiors of Uttar Pradesh. There were only four employees in the branch; two in the officer cadre and two in the workman category. Besides the petitioner, the other officer was a cashier. The two employees in the workman category were a peon and a guard. On 11.01.1991 the cashier of the branch left early on the pretext of some work and did not return to the branch.