LAWS(DLH)-2017-7-87

BHARAT BHUSHAN GOEL Vs. PUNJAB NATIONAL BANK

Decided On July 17, 2017
Bharat Bhushan Goel Appellant
V/S
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

(1.) C.M. Nos. 24543-24544/2017 Exemption allowed subject to all just exceptions. The applications stand disposed of.

(2.) The Appellant had joined the Respondent-bank on 01.08.1977 and with passage of time, he had been promoted as an Assistant Manager on 08.07.1986. In the year 1992, the Appellant was posted as Assistant Manager of the Respondent bank in Saharanpur branch. While he was posted at Saharanpur, the Appellant was suspended on 15.03.1993 which was followed by issuance of a charge-sheet dated 10.04.1993 wherein six charges were levelled against him. The Respondent thereafter appointed an Enquiry Officer to enquire into the charge against the Petitioner.

(3.) It is evident from the record that the appellant initially attended the enquiry proceedings and even requested for appointment of Shri S.C. Chauhan as his Defence Representative, which request was accepted by the Enquiry Officer. The Appellant, however, did not attend the enquiry proceedings after 005.1994 and the Enquiry Officer after giving several opportunities to him, decided to proceed with the enquiry. The Enquiry Officer, after considering the entire evidence led before it by the Respondent-Bank, found the Appellant guilty of five out of the six charges. Based on the enquiry report dated 08.01.1996, the disciplinary authority vide its order dated 12.09.1996 imposed the penalty of removal from service on the Appellant. Aggrieved by the order of removal, the Appellant preferred an appeal followed by a representation to the Reviewing Authority which were both rejected, leading to filing of the writ petition.