K.L. BHASIN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, the petitioner challenges the orders of the departmental authorities of the respondent no. 1/Punjab National Bank/employer whereby petitioner had been imposed the major penalty of dismissal from services which is to be a disqualification for future employment.

(2.) After hearing the counsel for the petitioner and to some extent also the counsel for the respondent no.1/employer, a detailed order was passed on 24.11.2016 noting that the present is a case where on account of the infraction by the petitioner of the rules of the respondent no.1/employer with respect to pre-sanction and post-sanction loans granted, no monetary loss whatsoever has however been caused to the respondent no.1/employer, and therefore, the purpose of the respondent no.1/employer in removing the petitioner from services will be satisfied even if instead of dismissal order an order of compulsory retirement is passed. Noting such facts, the appropriate authority of the respondent no.1/employer was therefore directed to reconsider the issue of quantum of punishment imposed upon the petitioner. This order dated 24.11.2016 was passed noting that the petitioner had 22 years of unblemished service with the respondent no.1/employer and in case the punishment of dismissal is changed to compulsory retirement then the petitioner will be entitled to terminal benefit of pension as per the service rules of the respondent no.1/employer. This order dated 24.11.2016 reads as under:-

(3.) I have gone through the factual imputations of misconduct against the petitioner as per the Articles of Charges dated 18.12.1990. Articles of Charges in the present case are really conclusions only with respect to infraction of rules by the petitioner and they are not Articles of Charges in the classic sense because, the Articles of Charges really are the imputations of facts with respect to misconduct as are stated in Annexure-II to the show cause notice dated 18.12.1990 issued by the respondent no.1/bank against the petitioner.