JASPAL SINGH KOHLI Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) PETITIONER Jaspal Singh Kohli was working as Cashier-cum-Godown Keeper with the Hindustan Commercial Bank Limited, Ludhiana. The assets and liabilities of the Hindustan Commercial Bank Limited had been taken over by the Punjab National Bank, when it merged and amalgamated with the latter Bank namely Punjab National Bank. The petitioner was suspected to be involved in a fraud of about Rs. one Lac with the Hindustan Commercial Bank Limited. Two first information reports were lodged pertaining to offences punishable under Sections 420, 408, 467, 471 and 477 Indian Penal Code. The petitioner was placed under suspension on September 22, 1984.

(2.) BOTH the cases were tried by the Judicial Magistrate, Ludhiana and on March 31, 1993 the learned trial Court acquitted the accused and Anr. person. After the petitioner was acquitted, he requested that he may be reinstated and the suspension order may be revoked. By virtue of the present writ petition, it is prayed that refusal of the respondents to reinstate the petitioner is illegal, arbitrary and discriminatory because the petitioner has since been acquitted. In any case it is alleged that there is inordinate and unexplained delay in serving the charge-sheet. It is accordingly prayed that a direction should be issued to reinstate the petitioner and grant him all the benefits including pay, allowances, increments and promotions from September 22, 1984.

(3.) NEEDLESS to say that in the reply filed, Respondents 1 to 3 contested the petition. Respondents assert that an order of suspension should not be interfered by the Courts particularly when there is no violation of any statutory provision. As per the agreement even if the petitioner had been acquitted departmental proceedings can be initiated and that the petitioner had been ordered to remain under suspension in accordance with the service rules. The charge-sheet was stated to Have since been served.