BHUPINDER SINGH Vs. PUNJAB & SIND BANK

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India, petitioner, who is working as an Assistant General Manager with the respondent/Punjab & Sind Bank, seeks quashing of the impugned chargesheet dated 29.4.2013 on the ground that charges in the same are basically only a recast of the charges which were made in terms of an earlier chargesheet dated 04.10.2011, and which charges after enquiry were held not proved against the petitioner with respect to 4 out of 5 charges and only one charge (5th charge) was proved and that too only partially. In sum and substance, the petitioner for quashing of the charge-sheet dated 29.4.2013 pleads the case of 'double jeopardy', and the fact that earlier proceedings would be res judicata against the respondent/Bank with respect to the same set of facts.

(2.) Since the issue in the present case is with respect to whether the charges in the first charge-sheet dated 04.10.2011 and the second charge-sheet dated 29.4.2013 are the same, let me at this stage reproduce the statement of allegations under the first and the second charge-sheet, and which read as under:-

(3.) A reading of the statement of allegations made in the first charge-sheet dated 04.10.2011 shows that the 1st charge is with respect to the aspect that respondent/Bank had only permitted discounting of bills of exchange (referring to as bills in the charge-sheet) in the account of M/s Rajat Pharmachem Ltd, but the petitioner instead allowed discounting of invoices, therefore, financing against discounting of invoices was beyond the terms of sanction. In the 3rd imputation of allegation in the first charge-sheet, it is also stated that the petitioner is guilty of non-obtention, non-perusal and nonreference of the Agreement between the State Trading Corporation (STC) and the borrower/customer M/s Rajat Pharmachem Ltd while recommending sanctioning of the credit facilities to the customer M/s Rajat Pharmachem Ltd. It may be noted that STC was the channelizing agency through which the customer M/s Rajat Pharmachem Ltd was selling its goods to the foreign buyer M/s Loben Trading Co. Pte. Ltd. The 5th imputation of allegation in the first charge-sheet was with respect to the aspect that after discounting of the bills/invoices, the amount was to be credited with respect to the loan granted on discounting to M/s Rajat Pharmachem Ltd, but it was instead sent to the P&B-A/c M/s Rajat International.