B B JOSHI Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By way of this petition, the petitioner challenges the order passed by the Regional Manager of the Respondent-Bank, dated 06.09.1990, dismissing the petitioner from the service as well as order passed by the General Manager(Appellate Authority), dismissing the appeal of the petitioner vide order dated 03.07.1991 and the order passed by the Sr. Manager(Personnel), dated 12.01.1993, rejecting the review petition filed by the petitioner.

(2.) The petitioner was performing the duties as Manager at Branch Office at Bhuj-Kachchh, was served with a charge-sheet on 04.10.1989, wherein five different charges were levelled against him. The charge-sheet was supported by the statement of imputation in support of the article of charges.

(3.) Learned Counsel for the petitioner has raised two fold contentions. According to him, apart from the petitioner there were a number of other officers, including the Regional Manager, Mr. R.M. Garg, Mr. J.K. Gohel, the then Manager of the Bhuj Branch office, Mr. K.V. Dholakia, Sr. Clerk of the Bhuj branch, Mr. H.B. Udhas and number of other officers, who were issued charge-sheets and independent inquiries were held against them. However, none of these persons have been awarded punishment of removal from service. The punishment awarded to the present petitioner was disproportionate to the offence committed by him. It was, further, submitted that loss alleged to have been caused to the Bank pertain to other places as well, however, the respondent authorities have tried to painted a picture, as if, the entire loss has been caused because of the fault of the petitioner. Further, it has been pointed out that the respondent-Bank has not brought on record the loss caused on account of fraud or negligence by the other officers, who have been awarded lesser punishment. Accordingly, it has been submitted that the petitioner should have been compulsorily retired in place of dismissal from service, as this would have entitled him to get pension and other retiral benefits.