KAILASH CH SARMA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By means of this writ petition filed on 01.02.2008, the petitioner has challenged the Annexure-X order dated 27.12.2006, by which, pursuant to a departmental proceeding, the disciplinary authority imposed on him penalty of compulsory retirement in terms of Regulation 4 (h) of Punjab National Bank Officer Employees, (D&A) Regulations, 1977. The petitioner has also challenged the Annexure-XII communication dated 16.07.2007, by which the departmental appeal preferred by him against the penalty of compulsory retirement was rejected. It will be pertinent to mention here that during the pendency of the writ petition, the petitioner was communicated about the outcome of the review petition that he had submitted seeking review of the major penalty of compulsory retirement. By the said communication dated 05.05.2008, the petitioner was informed of the order of the reviewing authority dated 21.04.2008, by which the penalty of compulsory retirement imposed by the disciplinary authority and confirmed by the appellate authority was substituted by imposing the major penalty of "reduction of his salary to five stages lowering the time scale of pay till the date of his retirement in place of the major penalty of compulsory retirement". It will also be pertinent to mention here that after imposition of the penalty of compulsory retirement and before filing of the writ petition, the petitioner attained the age of superannuation on 31.01.2008. Thus, by the impugned order of compulsory retirement substituted to that of reduction of salary to five stages lower in the time scale of pay had the effect in the service career of the petitioner for the period from 27.12.2006 to 31.01.2008.

(2.) In the writ petition, there is no formal challenge to the aforesaid order of the reviewing authority dated 21.04.2008 communicated vide letter dated 05.05.2008, but the said fact has been brought on record by the petitioner in the affidavit in reply filed on 27.03.2014. Coming to the facts of this case, the petitioner while was serving as Deputy Manager at Fancy Bazar Branch, Guwahati, was placed under suspension by Annexure-I order dated 03.07.2004 with immediate effect. The order was passed on the ground of alleged involvement of the petitioner in the fraud relating to several savings bank accounts while was serving in Zoo Road Branch during his incumbency from 13.07.1998 to 01.07.2002.

(3.) The order of suspension was followed by the Annexure-II charge sheet dated 26.03.2005 issued under Regulation 6 of the Punjab National Bank Employee's (Discipline & Appeal) Regulations, 1 977. Altogether four charges were framed against the petitioner as enumerated in the statement of imputation of misconduct in support of the articles of the charges. For a ready reference, the statement of imputation of misconduct as was enclosed along with the charge sheet is reproduced below:-