J.P. GOYAL Vs. THE PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Shri J.P. Goyal has filed the present writ petition under Articles 226/227 of the Constitution of India and it has been prayed by the petitioner that order dated 29.3.1994 Annexure P-10 and the order dated 9.4.1994 (Annexure P-13) be quashed and directions be given to the respondents authorities to admit the petitioner into service.

(2.) The case set up by the petitioner is that he was the employee of the New Bank of India. This Bank merged with Punjab National Bank. The petitioner was inducted into the service of Sangrur Central Cooperative Bank Ltd. against the post of Cashier-cum-Clerk in the year 1963. He was selected as a Manager in New Bank of India. He joined against the post of Manager on 9.8.1977 at Sanghera Branch of New Bank of India. When he was discharging his duties in that Bank from April, 1988 to May, 1991 the Government of India in consultation with the Reserve Bank of India formulated a scheme known as "Debt Relief Scheme" for the farmers. This scheme came in to force in the year 1990. As per this scheme, the farmers who had taken the loans from the banks were given relief up to Rs. 10,000/-. Those farmers who had already cleared their debts were also given the relief under the said scheme. When the petitioner was discharging his duties as Branch Manager at Kirmach, District Kurukshetra, Haryana from May, 1991 to December, 1991, two Saving Bank Accounts bearing No. 3071 and 3072 were opened in the names of Tirlok Singh and Arjan Singh respectively on 6.12.1991 at Kirmich Branch by Shri A.K. Dutta, Agriculture Officer and Shri R.K. Goswami, Accountant as the duty to open the accounts were assigned to the Accountant. These saving accounts were initially opened for a consideration of Rs. 10/- each. The petitioner had no knowledge about the opening of the saving account as these were never put up before him. These saving accounts were opened in fictitious names without the knowledge of the petitioner. In fact, the function of opening of accounts was not a part of the duties of the petitioner at all.

(3.) Under the "Debt Relief Scheme" Shri Tirlok Singh and Shri Arjan Singh were the beneficiaries of Rs. 10,000/- each as they had already deposited the loan. Resultantly, the bank authorities of Ratgal Branch issued them the CRIS (Certificate Re-investment Scheme) for Rs. 10,000/- each for 36 months on 6.11.1991. After opening of Account Nos. 3071 and 3072 a letter was addressed by the New Bank of India, Kirmach Branch to the Ratgal Branch. However, on 31.12.1991 a sum of Rs. 11030/- was withdrawn from Saving Bank Account No. 3071 and Rs. 11,000/- from Account No. 3072 by the beneficiaries Shri Tirlok Singh and Arjun Singh. The petitioner came to know about the said episode from Shri A.K. Dutta who was holding dual charge of Agriculture Officer at Kirmach Branch as well as Ratgal Branch. Mr. Dutta tried to entangle the petitioner in another episode. The petitioner asked Shri A.K. Dutta about the whole episode who informed the petitioner that the saving accounts had been opened in fictitious names.