O P BHATIA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) In this writ petition the petitioner has prayed that respondents be directed not to proceed with the Departmental Inquiry proceedings initiated against the petitioner till the decision of the criminal case which is pending against the petitioner on the same subject.

(2.) Briefly stated, the facts of the case are that the petitioner was arrested on 2nd October, 1994 in pursuance to the FIR No. 50, dated 10th September, 1994 registered at PS Sadar Hissar under Section 409 IPC. In the FIR it was alleged that the petitioner has committed a fraud of Rs. 6.5 lacs in various S.F. Accounts at Sirsa Road, Hissar Branch of the Punjab National Bank. The petitioner was granted bail by the court of Additional Sessions Judge, Hissar, on 24.10.1994. Thereafter the petitioner was issued charge sheet dated 13.9.1995 (Annexure P-3).

(3.) In this charge sheet, inter alia, it was alleged that while working in the extension counter, Hissar Branch of the Punjab National Bank, he had misappropriated cash deposited by the various customers by making credit entry in their pass books and SFS accounts without entering cash receipt voucher in the cash book and without tendering cash corresponding the cash receipt of the Bank, as per details given in the charge sheet. It was also alleged that he withdrew the amount from various SFS accounts of the customers under forged signatures as per details given in the charge sheet. It was then stated that the aforesaid acts constituted misconduct under clause 19.5(j) of the Bipartite settlement and the petitioner was advised to submit his reply within 10 days. The petitioner submitted his reply dated 25.9.1995 (Annexure P-4). In reply to the said charge sheet and in his reply, he submitted that the inquiry proceedings may be dropped till the decision of the trial by the court of law. Request of the petitioner for dropping the inquiry proceedings was not acceded to by the respondent-Bank. The disciplinary authority of the respondent-Bank by his letter dated 9.10.1995 (Annexure P-5) informed the petitioner that Shri R.K. Ummat, Senior Manager Branch Officer. Hissar, had been appointed as Inquiry Officer to conduct the Departmental inquiry against the petitioner. It was also stated in this letter that the petitioner could get his case represented through a duly appointed representative, in terms of Para 19(12) of the Bipartite Settlement. The inquiry officer by his letter dated 21.10.1995 (Annexure P-6) directed the petitioner to attend the inquiry proceedings on 2nd November, 1995 in the Branch Officer, Sirsa Road, Hissar. Aggrieved by the aforesaid order, the present writ petition has been filed.