S.S. TYAGI Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 01.4.2003 which had endorsed the finding of the trial judge dated 21.10.2000 whereby the suit of the plaintiff S.S. Tyagi seeking a declaration and an injunction to the effect that the report of the Enquiry Officer dated 26.12.1986 endorsed by the Disciplinary Authority and the Appellate Authority imposing punishment of compulsory retirement upon the plaintiff be set aside had been dismissed.

(2.) THE plaintiff was posted as Branch Manager in Jalalpur Branch, Punjab National Bank in District Bijnor. He was in service since more than 27 years. On 5.6.1984 he was served with a charge sheet pointing out certain irregularities. On 23.6.1984 a second charge sheet on similar grounds was served upon him. Charges were denied. Enquiry proceedings culminated in the report of the Enquiry Officer dated 01.8.1985. Since there was an ex -parte order it was set aside by the Appellate Authority. Enquiry Report dated 26.12.1986 held him guilty. The Disciplinary Authority imposed penalty of compulsory retirement and this was endorsed by the Appellate Body. The order of the Appellate Body is dated 8.8.1987. The present suit was thereafter filed on 21.8.1987 challenging the affronted orders. It was stated that the findings of the Enquiry Officer were vitiated for the reason that there was an unexplained delay in holding the enquiry; the charges related to period 1979 to 1981 whereas the charge sheets had been filed in the year 1984. Documents had not been furnished to the delinquent in time thereby prejudicing his defense as he was not able to give an effective reply to the charges which had been leveled against him. The Disciplinary Authority and the Appellate Body had given non -speaking orders without disclosing any reasons.

(3.) THE trial judge had framed the following four issues: