YOGENDRA KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Sri Shesh Kumar, Advocate, for petitioner and Sri Shesn Nath Pandey, Advocate, holding brief of Sri Dharmendra Vaish, for respondent-Bank.

(2.) The writ petition is directed against punishment order dated 12.05.2011 (Annexure-9 to the writ petition) passed by Assistant General Manager imposing punishment of compulsory retirement in terms of Regulations-4(h) of Punjab National Bank Officer Employees' (Discipline and Appeal) Regulations, 1977 (hereinafter referred to as "Regulation, 1977") and appellate order dated 28.04.2012 passed by General Manager, Personnel, Administrative Division, Punjab National Bank, New Delhi dismissing petitioner's appeal and order dated 10.02.2014 passed by Executive Director, Punjab National Bank dismissing Review Application of petitioner.

(3.) Sri Shesh Kumar, learned counsel for petitioner, at the outset, stated that there are two charges levelled against petitioner, but none could be proved, and, therefore, entire proceeding is clearly illegal. Secondly it is submitted that order of punishment has been passed by an authority who is lower in rank to appointing authority and, therefore, it is wholly without jurisdiction. Thirdly, it is contended that procedure laid down in Regulation 6(17) of Regulation, 1977 has not been complied with and, therefore, impugned order is liable to be set aside. Lastly, it is contended that punishment is disproportionate to the charges levelled and found proved.