D B MADAN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THIS appeal challenges the impugned orders dated 22nd October 2008 and 19th November 2008 passed by the learned Single Judge in CM application Nos. 14502 of 2008 and 15637-38 of 2008 respectively in Writ petition (Civil) No. 7481 of 2008.

(2.) THE Appellant was employed with the Respondent No. 1 Punjab national Bank ('bank') since 1976. A show cause notice was issued to him on 25th April 1992 regarding serious lapses/irregularities in respect of the account of M/s. Pankaj Finance and Leasing Limited during his tenure as the manager of the Connaught Place Branch of the Bank in the year 1989, according to the appellant, he replied to this notice and nothing was done by the Bank thereafter. The date of superannuation of the Appellant was 30th June 2007. A month prior to his retirement i. e. on 2nd June 2007 a show cause notice dated 30th May 2007 was issued to him alleging that while working as Manager at Connaught Place Branch, he failed to follow Bank's prescribed systems and procedures and protect the interest of the Bank in respect of the account of M/s. Pankaj Finance and Leasing Limited. The appellant replied to the show cause notice on 12th June 2007 pointing out that the present show cause notice was issued 18 years after his alleged tenure at the Connaught Place Branch and was, therefore, without legal basis. He requested that his retiral benefits on his superannuation should be released to him. The Bank passed an order dated 28th June 2007 stating that since the disciplinary proceedings initiated by the show cause notice dated 30th May 2007 were likely to continue beyond the date of his superannuation, the Appellant would not be entitled to payment of superannuation benefits, except his own contribution to provident fund, till the disciplinary proceedings were completed and final orders were passed thereon.

(3.) THE Appellant then filed Writ Petition No. 1290 of 2008 in this Court seeking quashing of the Bank's show cause notice dated 30th May 2007 and the consequential order dated 28th June 2007. This Court by an order dated 15th September 2008 disposed of the writ petition with the following direction: