S.P. GUPTA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Heard Sri. Upendra Nath Mishra, learned counsel for the petitioner and Sri. Virendra Misra, learned counsel for the Punjab National Bank. The petitioner while working on the post of Branch Manager, Firozabad was subjected to a disciplinary proceedings and finally the said disciplinary proceedings culminated in the order of removal, against which the appeal was filed by the petitioner and the appellate authority has affirmed the order of removal. Subsequently, the instant writ petition was filed in the year 2003.

(2.) Learned Counsel for the petitioner submits that the petitioner was initially appointed as Clerk-cum-Cashier in Punjab National Bank. On account of excellent performance, he was promoted to the next higher grade, i.e. Middle Management Grade Scale-II and was given posting as Branch Manager in district Firozabad. In internal inspection, the Suhag Nagar Branch of Firozabad, where the petitioner was posted as Branch Manager was categorized as 'A' and good. On a false complaint, which was withdrawn by the complainant, the petitioner was subjected to disciplinary proceeding and ultimately major penalty of removal was inflicted, which apart from being in breach of principles of natural justice and statutory provisions is too harsh and excessive.

(3.) As regard the order of removal, it has been contended by the learned counsel for the petitioner that the enquiry officer had not proceeded in accordance with the provisions of Regulation 10(18) of Punjab National Bank Officer Employee' (Discipline and Appeal) Regulations 1977. The Regulation 10(18), on reproduction reads as under: