R S SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner who was working as the Chief Inspector in the Inspection and Control Division of the Punjab National Bank (,,the Bank), Respondent No. 2, challenges an order dated 3rd June 1994 passed by the Disciplinary Authority ('DA) imposing on the Petitioner the penalty of reduction of grade from SMG Scale IV to MMG Scale III and an order 17th June 1995 passed by the Chairman-cum-Managing Director of the Bank as the Appellate Authority (,,AA) removing the Petitioner from service.

(2.) EARLIER the Petitioner had also challenged the validity of Regulation 17 of the Punjab National Bank Officer Employees (Discipline and Appeal) Regulations 1977 (,,Regulations 1977) along with P.D. Circular No. 1320 dated 3rd February 1992. However, learned counsel for the Petitioner made a statement before the Division Bench of this Court on 8th September 2006 that the Petitioner would not like to press prayer (a) (i) of the writ petition. Consequently, the writ petition was directed to be listed before a learned Single Judge.

(3.) THE conclusion of the enquiry, the Enquiry Officer (,,EO) submitted a report dated 26th July 1993 holding charges I, II and III to be proved, and charge IV to be partially proved. A copy of the report was furnished to the Petitioner by the DA on 18 th August 1993. After perusing his reply, the DA, by an order dated 3rd June 1994 imposed the penalty of reduction to the lower grade, i.e., from SMG Scale IV to MMG Scale III. When the Petitioner appealed against the said order, he was issued a further show cause notice on 8th February 1995 by the AA asking him to show cause as to why his punishment should not be enhanced to removal from service. THEreafter, the impugned order was passed on 17th June 1995 by the AA removing the Petitioner from service.