N K SAREEN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Mr. N.K. Sareen, the petitioner questions the order of dismissing him from service after holding a disciplinary enquiry against him. An appeal was filed by the petitioner which was rejected by the Appellate Authority. The order of dismissal is dated 12th November, 1987 while the order of the Appellate Authority is dated 5th January, 1990.

(2.) The petitioner joined the respondent-bank as a clerk on 10th October, 1965. He was promoted as an Officer in the year 1972. Petitioner also states that he was appointed as Trustee on the Board of the New Bank of India Employees Provident Fund, and New Bank of India Employees Gratuity Trust by virtue of the resolution passed by the Board of Directors of the said Bank.

(3.) Petitioner was quite active in the trade union activities. According to the petitioner he lodged complaints against one Shri S.D. Nayyar General Manager of the Bank between February 1983 and January 1984. In February 1984 the petitioner was appointed as an Officer Director on the Board of the Bank by the Government of India. This appointment was initially restrained by the Madras High Court at the instance of a rival Trade Union. Subsequently, the relationship between the petitioner and other Officers of the Bank stood strained because the petitioner tried to expose their misdeeds. In January 1985 the petitioner had sent a complaint against Shri R.K. Sethi (who actually conducted the disciplinary proceedings subsequently against the petitioner). the Staff Association of the Bank of which the petitioner was a Deputy Secretary had issued notices to the Bank seeking investigation into several alleged frauds involving high officials of the Bank. On 30th may, 1985 the services of the pelitioner were terminated by the Board of Directors. This order was communicated to the petitioner by two telegrams; one dated 31st May, 1985 and another dated 12th June 1985. Petitioner challenged this order of termination by filing civil writ petition no. 8349 of 1985 before the Supreme Court of India on 7th June, 1985. This petition was disposed of on 22nd July, 1986, as a consequence of which the termination order was withdrawn. Petitioner has asserted that the Bank informed all its Branches all over India by issuing a circular that the petitioner hail to be reinstated with back wages and other benefits pursuant to the orders of the Supreme Court, as usual on the part of the Bank. Thereafter on 25th August 1986 the petitioner was served with the chargesheet containing certain allegations in respect of the incidents happened prior to the order of the Supreme Court. The petitioner sought permission to engage a counsel before the disciplinary authority on the ground that (hicharges levied against him were complicated and the Presenting Officer of the Bank was a Law Graduate. This request was turned down. Petitioner also pointed out that the enquiry was being held by R.K.Sethi who was biased against the petitioner in view of the complaint lodged by the petitioner against him in January, 1985, Alter the enquiry, the Enquiry Officer recommended the dismissal which was accepted by the Disciplinary Authority and the impugned dismissal order dated 12th November. 1987 came to be passed. The petitioner filed an appeal before the Appellate Authority. This appeal was not considered and therefore the petitioner filed a writ petition before this Court as per CWP" 1182 of 1989. On 7th October, 1989 this Court directed the Bank to dispose of the appeal filed by the petitioner and consequently the appeal of the petitioner was considered and the same was dismissed on 5th January, 1990.