JATINDER KUMAR Vs. PUNJAB GRAMIN BANK AND ORS.

JUDGEMENT

(1.) The petitioner was dismissed from service of the Punjab Gramin Bank, Kapurthala where he was serving as a Field Supervisor after his parent Bank, i.e Gurdaspur Amritsar Kshetriya Gramin Vikas Bank, at Lakhna District Amritsar was amalgamated with the Regional Gramin Banks, in exercise of power conferred by Sec. 3(1) of the Regional Rural Banks Act, 1976. His services came to be governed by the Punjab Gramin Bank (Officers and Employees) Service Regulations 2005.

(2.) The petitioner was charge sheeted for committing offences under Sec. 498 -A of the Indian Penal Code (IPC) and was committed to trial on May 28, 2009 by the Court of the learned Additional Sessions Judge, Jalandhar. He was in judicial custody from May 28, 2009 to June 10, 2009. He was admitted to bail on June 11, 2009. The result was that he was absent from duty on account of detention for the period of May 29, 2009 to June 10, 2009. After release on bail, he sought resumption of duty. Instead, the competent authority in the Bank dismissed the petitioner from service on August 5, 2009 invoking powers under Regulation 29 of 2005 Regulations.

(3.) Aggrieved by the dismissal order he approached this Court for quashing the order praying for reinstatement by filing CWP No. 15293 of 2009. On October 25, 2010, the petition was admitted for regular hearing. By that time, the petitioner had spent 28 years of service with the Bank. He was convicted by the trial Court. Against the judgment of conviction and sentence, the petitioner preferred Criminal Revision No. 1549 of 2009. His revision was accepted on October 19, 2011 by this Court and the petitioner was acquitted of the charges. The operative part of the order reads: -