PUNJAB & SIND BANK Vs. SURINDER KAUR

JUDGEMENT

(1.) D.S. Shamsher (now deceased), petitioner in the writ petition (hereinafter referred to as the respondent), was working in the appellant-bank. When he was about to retire from the post of Chief Manager, Zonal Office at Chandigarh on 31.7.1988, he was served with a charge-sheet dated 23.6.1988 alleging that during his tenure, he advanced to 16 DIC sponsored cases knowing that the parties availing the loan were not utilizing the same and the payments were made to bogus concerns and the actual beneficiary of the loans was one Amarjit Singh Virk in almost all cases. It was, therefore, alleged that the respondent had actually acted in collusion with Amarjit Singh Virk and the concerned Branch Managers in misappropriating the bank funds and subsidy made available by the Government of India. Departmental inquiry was initiated against the respondent in which charges levelled against him were proved. Consequently, he was dismissed from service on 7.2.1990. His appeal against the said order was rejected on 26.6.1990 and vide order dated 24.7.1990, he was denied the benefit of leave encashment and gratuity. All these orders were challenged by the respondent by way of writ petition but unfortunately he expired during its pendency.

(2.) The only argument raised by learned counsel for the respondent before the writ Court was regarding denial of fair opportunity in defending the case during the course of inquiry. It was alleged that the Presenting Officer of the bank was law qualified but the request made by the respondent to pursue his defence through a lawyer was turned down being not permissible under the service rules.

(3.) The writ petition has been allowed by the learned single Judge vide his order dated 5.9.2011 on the ground that the interest of the respondent was prejudiced as he was not allowed to take the help of a legal practitioner. In this regard, a reference is made to Regulation 6(7) of the Punjab and Sind Bank Officers Employees (Discipline and Appeal) Regulations, 1981 (hereinafter referred to as the Regulations), which reads as under:--