KARMA DEVI Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) P.B. Bajanthri, J. - In the instant writ petition, petitioner has challenged the validity of orders dated 02.08.2008, 11.10.2008 and 30.11.2009 passed by the disciplinary, appellate and reviewing authority (Annexures P/13, P/15 and P/16 respectively).

(2.) Petitioner while working as Manager in the respondents-Bank, she was charge-sheeted on 21.11.2006 by Articles I and II. Article of I charge - statement of imputation consists of (a) to (i) (statement of allegations) and Article of II charge - Statement of imputation. Petitioner submitted her reply denying the alleged charges on 23.12.2006. Respondents-Bank were dis-satisfied with the petitioner's reply proceeded to appoint Inquiry Officer to hold an inquiry on the alleged charges. On 19.05.2008, Inquiring Officer submitted his report to the extent that charge No.I(a), (c),(d), (e), (f), (h) and (i) were proved and charge No.1 (b) and (g) were proved partly and charge No.2 was proved. The disciplinary authority forwarded the Inquiring Officer's report to the petitioner permitting her to make her submissions/representation on the findings of the Inquiring Officer. Accordingly, petitioner submitted her detailed explanation on 25.07.2008. The disciplinary authority after perusal of the Inquiring Officer's report and petitioner's explanation on the inquiry report imposed the penalty of compulsory retirement under Regulations 7(3) read with 4(h) of Punjab National Bank Officer Employee's (Discipline and Appeal) Regulations 1977 (hereinafter referred to as "Regulations 1977") vide order dated 02.08.2008. The petitioner feeling aggrieved by the order of compulsory retirement, preferred an appeal under Regulation 17 of Regulations 1977 on 01.09.2008. Her appeal was rejected by the appellate authority on 11.10.2008. Consequently, she filed a review petition before the reviewing authority under Regulation 18 of Regulations 1977 and thereafter, supplementary materials were placed on record on 15.10.2009 for the purpose of deciding her review petition. On 30.11.2009 review petition of the petitioner was also rejected. Hence, the present writ petition.

(3.) Learned counsel for the petitioner submitted that petitioner joined respondent - Bank on 25.01.1985 as a Clerk-cum-Cashier. By dint of hard work and passing of competitive examination, she has earned promotion to various cadre and reached upto Officer Scale-II on 04.02.2002. Her work was appreciated by the then Assistant General Manager - Sh. P.K. Mittal on 11.09.2004 while over-all rating of the petitioner's the then branch as a Good and further on 30.12.2004 her work was appreciated by the then Assistant General Manager - Sh. P.S. Bedi. She is eligible for further promotion, however, the same was stalled due to pendency of departmental enquiry initiated on 21.11.2006.