GOUTAM CHANDRA DEY Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The petitioner through the instant writ petition expressing grievance assailed the disciplinary order dtd. 27/10/2014, the appellate order dtd. 25/3/2015 and the reviewing order dtd. 30/9/2015 whereby he was removed from service of the Punjab National Bank. Consequential relief is sought for grant of retiral benefits, including leave encashment and pension in terms of the Bipartite Settlement and the Bank Employees' Pension Regulation, 1995.

(2.) The facts revealed the petitioner was appointed on 10/12/1984 as Manager- cum-Clerk-cum-Cashier in the respondent Bank, a Public Sector Undertaking, which by reason of majority Government shareholding constituted "State" within the meaning of Article 12 of the Constitution of India. His services were confirmed and upon promotion, he was posted as Incumbent-in-Charge of the Talai Branch, District- Murshidabad on 17/11/2011. The petitioner asserted that he was the sole functionary of the branch discharging multifarious responsibilities in the absence of support staff and was constrained to follow the practices of his predecessor no specific guidelines having been furnished by the superior authority.

(3.) On 14/2/2014, a charge-sheet was issued alleging several acts of misconduct. Certain charges were not proved while others were partly substantiated. The Enquiry Officer submitted his final report on 9/9/2014. The disciplinary authority, upon consideration of the materials, imposed the major penalty of removal from service without disqualification for future employment by order dtd. 27/10/2014 under Regulation 4(i) of the Pension Regulations.