AVIK KUMAR SINHARAY Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The present writ petition is directed against the final order of punishment dtd. 30/12/2017 issued against the petitioner who is a Senior Manager (IT) of Punjab National Bank, formerly United Bank of India, (hereinafter referred to as the "said bank"), whereby the petitioner has been dismissed from service which shall be considered as disqualification for a future employment. The order of dismissal dtd. 30/12/2017 was questioned before the appellate authority of the said bank and the appeal was dismissed by the appellate authority vide order dtd. 16/8/2018 confirming the original order passed in the disciplinary proceeding. In the writ petition petitioner has thrown challenge to the charge-sheet dtd. 27/1/2017, enquiry report dtd. 15/11/2017 as well as order of dismissal dtd. 30/12/2017 and the order of the appellate authority dtd. 16/8/2018.

(2.) While petitioner was working as Senior Manager (IT), he was sent on deputation to Bangiya Gramin Vikash Bank (hereinafter referred to as "BGVB") being regional rural bank sponsored by the said bank on 10/8/2015. While working in BGVB according to the petitioner he lodged complaint on 4/4/2016 under Whistle Blower Policy of the bank to draw attention of the vigilance authorities on bank loans fraud while sanctioning credit by some of the staff and officials of the said bank as submitted by Mr. Soumya Majumdar, learned advocate representing the petitioner. One of the officials named in such Whistle Blower complaint is respondent no.5 in the writ petition who is General Manager (HR) of the said bank. According to the petitioner such complaint dtd. 4/4/2016 was made in order to purge the ongoing malpractices continuing in credit operation and loan monitoring department of the said bank which drew the petitioner to the wrath of the management of the bank resulting in suspension order of the petitioner on 30/7/2016 followed by chargesheet on 27/1/2017 containing following charges:-

(3.) The petitioner replied to such charge-sheet vide letter dtd. 14/2/2017 denying the charges levelled against him. The disciplinary authority having found such reply being unsatisfactory initiated the enquiry proceeding pursuant to such charge-sheet dtd. 27/1/2017. Enquiry was held on several dates in the month of September 2017 and concluded on 22/9/2017. On conclusion of the enquiry, report dtd. 15/11/2017 was prepared by the enquiry officer whereby the enquiry officer was of the opinion that all the three charges levelled against the petitioner was found to be proved. Based on such enquiry report final order of punishment dtd. 30/12/2017 was issued imposing order of dismissal from service against the petitioner which was construed to be disqualification in future employment. Again such order of punishment departmental appeal was preferred by the petitioner which was dismissed confirming the original order vide order dtd. 16/8/2018.