PUNJAB NATIONAL BANK Vs. R.P. PUSHKAR

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 09.4.2007 which had reserved the finding of the trial judge dated 07.2.2002. Vide judgment and decree dated 07.2.2002 the suit filed by the Plaintiff R.P. Pushkar (seeking a declaration and permanent injunction to the effect that the order of the Disciplinary Authority imposing the punishment against the Plaintiff is illegal and arbitrary; the Defendant be restrained from acting upon this order dated 05.12.1992; claim for damages in the sum of Rs. 99,000/ -) had been dismissed. The impugned judgment had reversed this finding; suit of the Plaintiff was decreed. It was held that the order of the Disciplinary Authority dated 05.12.1992 imposing the penalty upon the Plaintiff was illegal; damages were also awarded in favour of the Plaintiff.

(2.) PLAINTIFF had filed the present suit for declaration and permanent injunction; he was appointed by the New Bank of India (NBI) as an Accountant. NBI had thereafter been merged with the Punjab National Bank (PNB). In terms of the amalgamation scheme the assets and liabilities of the NBI were taken over by the PNB. The Plaintiff was charge sheeted by the Defendants on 26.2.2991. The allegation was that he had acted in a manner undesirable for an officer; he had failed to maintain good conduct and discipline; he had failed to discharge his duty with integrity and diligently; enquiry was held against the Plaintiff; he was found guilty. Disciplinary Authority had imposed penalty of

(3.) THE Defendant contested the suit. It was stated that a charge sheet had been served upon the Plaintiff and opportunity was granted to him to defend his case; the penalty had been awarded in terms of the NBI Officer Employees (Discipline and Appeal) Regulations, 1982; this order dated 05.12.1992 was affirmed by the Appellate Authority; this finding in no manner calls for any interference.