RAJ KUMAR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ petition seeks quashing of award dated 10.12.2006, Annexure P-10, rendered by the Central Government Industrial Tribunal-cum-Labour Court-II, Chandigarh.

(2.) The petitioner was employed as Clerk-cum-Godown Keeper with the Punjab National Bank. A charge-sheet was issued to him, alleging misconduct of making false entries and thereby committing fraud, to cause loss to the Bank. The Bank lodged FIR, but after trial, the petitioner was acquitted vide judgment dated 8.1.1985, Annexure P-2, for want of adequate evidence. The Bank, thereafter, initiated disciplinary proceedings by appointing a Inquiry Officer on 21.2.1986, who gave his report dated 4.6.1988, Annexure P-3, holding the charges to be proved. After giving further opportunity to the petitioner, to meet the findings in the inquiry report, the order of dismissal from service was passed on 14.7.1988, Annexure P-6. The petitioner preferred an appeal and the Appellate Authority modified the order of punishment from dismissal to termination of service vide order dated 29.9.1988, Annexure P-8. Thereafter, the petitioner raised an industrial dispute, which was referred for adjudication.

(3.) The Industrial Tribunal held that the inquiry against the workman was fair and the workman was given full opportunity to defend himself and finding of misconduct was justified and the punishment was not disproportionate.