R K JAIN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This writ petition is directed against the orders dated 3-10-2006 and 4-10-2006 directing departmental inquiries in respect of Sh.V.K.Sharma, Ex.- Deputy Manager, Zonal Officer, Chennai and petitioner Sh.R.K.Jain, Manager(U/S), BO: Anand Vihar, Delhi which heretofore were being conducted jointly, be done separately. The charges against the petitioner were as under:-

(2.) A memorandum stating the facts in detail on the basis of which these charges were framed was annexed to the charge sheet. In reply to the charge sheet the petitioner, inter alia, stated that Sh.V.K.Sharma, the then Senior General Manager, North Delhi had been taking keen interest in sanctioning credit facilities to certain borrowers and as per his desires and oral instructions, he sanctioned ad hoc enhancement and released credit facilities in favour of certain borrowers. The reply then contended that Sh.V.K.Sharma, his superior had impliedly confirmed his actions and had given him appreciation for the work done by him. This was followed by a charge sheet given to above named Sh.V.K.Sharma. However, in the meantime, an inquiry was instituted and Sh.A.P.Goel, Senior Regional Manager was appointed to enquire into the charges. The petitioner made a representation dated 4-2-2004 to charge sheet Senior Regional Manager and other officials of the regional body who were also involved in similar transactions and to hold a joint inquiry. He also filed a writ petition which was disposed of vide an order dated 27-2-2004 A joint inquiry was, thereafter, initiated against the petitioner and Sh.V.K.Sharma and the charge sheet was issued against Sh.V.K.Sharma on 26-6-2002. The respondent No.4 Sh.Mitter Sen, Commissioner of Departmental Enquiries, Central Vigilance Commission was then appointed as Inquiry Officer. The petitioner filed another writ petition challenging the inquiry in view of his reply which was decided on 8-11-2004 and an appeal from that was decided by the Division Bench of this Court, vide an order dated 6-9-2005. The petitioner was directed to raise all pleas before the Inquiry Officer and the disciplinary authority. The inquiry, thereafter, started and by now inspection and verification of documents has been done. The petitioner, thereafter, has been served with the impugned order of 3- 10-2006 and 4-10-2006.

(3.) By then, Sh.V.K.Sharma had superannuated. The relevant portion of the order dated 3-10-2006 says that on account of his superannuation, the departmental proceedings are being continued against him under the provisions of Regulation 20(3) of Punjab National Bank (Officers') Service Regulations, 1979, that Sh.V.K.Sharma has verified the listed documents and has been provided with an additional (defence) documents whereas the petitioner is yet to complete the verification of listed documents and that the charges against the two officers were for acting in different capacities and were not similar.