HAWA SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment and decree passed by the learned First Appellate Court whereby the suit for declaration challenging the order dated 8.8.1989 stopping four annual increments of the plaintiff with cumulative effect was dismissed.

(2.) The plaintiff-appellant was suspended on 7.6.1986. Subsequently, he was charge-sheeted on account of his acts of misconduct. After issuing a show cause notice and affording opportunity of hearing, the Disciplinary Authority passed an order dated 8.8.1989 whereby punishment of stoppage of four annual increments with cumulative effective was imposed and that the plaintiff will not be paid any wages/allowances for the suspension period than already paid to him. The said order was challenged by the plaintiff before the Civil Court.

(3.) The learned trial Court decreed the suit holding that the order passed by the Disciplinary Authority is non speaking order and has been passed even though the Enquiry Officer has given his finding that the charge-sheeted employee is a married person with three minor children and perpetually sick wife and there is no financial loss either to the bank or to the customers. Therefore, the order of punishment could not have been passed by the Disciplinary Authority. However, in appeal, it was found that the charges have been proved against the plaintiff in the Enquiry Reports Exhibit P-5 and Exhibit D-8. The note of the Enquiry Officer does not absolve the plaintiff of the charges framed against him and consequently, the finding recorded by the learned trial Court was set aside and the suit was dismissed.