THOIBA KABUI PHAOMEI Vs. THE PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner challenging the order dated 16.5.2011 by which the petitioner was imposed the penalty of compulsory retirement with superannuation benefits and without disqualifying from future employment in terms of Clause 6(c) of the Bipartite Settlement dated 10.4.2002 and also the order dated 18.2.2012 passed by the appellate authority rejecting the appeal preferred by the petitioner and confirming the penalty imposed by the disciplinary authority.

(2.) THE petitioner joined service as clerk -cum -cashier in the Punjab National Bank in the year 1981 and thereafter was promoted as Special Assistant in the year 2001. While serving as an Special Assistant at the branch office of the bank at Imphal, the petitioner was proceeded against in a departmental enquiry and was charged on 3 (three) counts constituting as acts of gross misconduct in terms of Clause 5(j) of the Bipartite settlement dated 10.04.2002 as contained in the charge sheet dated 18.11.2008. The said 3 (three) charges are as follows:

(3.) THE departmental enquiry was duly held against the petitioner. As per the enquiry report, all the charges stood proved as being admitted by the petitioner. A copy of the enquiry report dated 23.03.2009 was made available to the petitioner who submitted his reply reiterating his stand vide his representation dated 11.05.2009 to the authority and to take into consideration his untainted service record of 28 years which the petitioner claimed to have served with sincerity and prayed for taking a lenient view. The disciplinary authority considered the reply submitted by the petitioner and issued the penalty order dated 16.05.2011 and imposed the penalty of "Compulsory retirement with superannuation benefits and without disqualifying from future employment".