PUNJAB NATIONAL BANK Vs. S K PODDAR

JUDGEMENT

(1.) This Letters Patent Appeal filed under Clause 10 of the Letters Patent read with section 10 of the Delhi High Court Act, 1966, is directed against the order of the learned Single Judge dated January 4, 1999 passed in CWP No. 2864/99. By that order the learned Single Judge allowed the writ petition of the respondent and quashed the order dated December 23,1985 of the Hindustan Commercial Bank dismissing the respondent from its service. The facts giving rise to the appeal are as follows :-

(2.) The respondent joined the Hindustan Commercial Bank at Calcutta in the year 1960 as a clerk. In course of time he acquired the position of a Manager and was posted in the Maya Puri Branch of the Bank in November 1980. He remained in that branch till July 1983 when he was transferred to Agra as Branch Manager of the Bank. On March 8,1985, a charge sheet was issued to the respondent, inter alia, on the ground that during his tenure as Manager at Maya Puri, New Delhi, and Agra branches of the Bank, he made unauthorised advances. The respondent was advised to explain his conduct within ten days of the receipt of the charge sheet. After the issue of the charge sheet the respondent was placed under suspension by the order of the Assistant General Manager of the bank dated March 18, 1985. On April 2, 1985, another charge sheet was served on the respondent. On April 10, 1985, the respondent addressed his explanation to the Assistant General Manager of the Bank with regard to the first charge sheet dated March 18, 1985. With regard to the second charge sheet dated April 2, 1985 he submitted his explanation on April 21, 1985. It appears that the concerned authority was not satisfied with the explanations tendered by the respondent and consequently on December 23,1985 the respondent was held guilty of gross negligence in discharge of his duties and concealment of facts. Consequently, the respondent was dismissed from the service of the Hindustan Commercial Bank Limited. At this stage it will be apposite to set out the aforesaid order of dismissal dated December 23,1985:-

(3.) On December 18, 1986, the Hindustan Commercial Bank Limited was amalgamated with the Punjab National Bank by means of a notification issued by the Central Government under section 45 of the Banking Regulations Act, 1949. After the amalgamation, in December 1988 the respondent filed a writ petition assailing the aforesaid order of dismissal. In the writ petition it was inter alia claimed by the respondent that on February 6, 1986 an appeal against the impugned order of his dismissal from service was preferred by him to the appellate authority followed by a number of reminders. It was also asserted in the writ petition that the dismissal of the respondent was violative of the principles of natural justice.