RAVINDER SINGH RANA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Through, the instant petition, the petitioner seeks an order, (a) for quashing of Annexure P-12, wherethrough, a, major penalty of reduction, to a lower stage, by three stages, in the time scale of MMG III, for a period of three years, stood imposed, upon him, (b) and, further the petitioner also seeks quashing of orders borne in Annexure P-15, wherethrough, the statutory appeal reared against Annexure P-12, was dismissed, by the statutory authority, (c) and, he further seeks relief, of, quashing of Annexure P-18, wherethrough, the review, of, Annexure P-15 also stood dismissed.

(2.) The articles of charges, inquired into, by the Inquiry Officer, in sequel whereto, the afore penalties stood imposed, upon, the petitioner are extracted hereinafter:-

(3.) Be that as it may, a perusal of Annexure P-7, drawn, on 17.12.2009, (i) underscores, the factum qua recommendations, being made, that since imposing, a, major penalty, upon, the delinquent petitioner, would adversely affect, his further promotion, thereupon, it being recommended, that, imposition, of, a stringent minor penalty of reduction, to a lower stage by six stages, in the time scale of MMG-III, for a period of three years, rather being imposable, upon, the delinquent employee, (ii) given it also holding proportionality, vis-a-vis, the gravity of articles, of, charges, as, framed, and, proven against the delinquent petitioner. However, the afore recommendations, were, hence, not accepted by the authority concerned, under a letter drawn, on 26th July, 2010, borne, in, Annexure P-9, and, existing at page 71 of the of paper book, (iii) and, the reasons assigned therein, make underlinings qua apart from the afore proven articles of charges, other delinquency(ies) or aberration(s) in conduct, of, the delinquent petitioner, hence, prevailing upon, the management concerned, to review the earlier proposal qua imposition, upon, him, of the afore minor penalty. The instances of misconduct, as stand, embodied, in the letter, borne in Annexure P-9, and, as existing at page 71 of the paper book, were, visibly not part, and, parcel of the articles, of, the afore inquired into hence charges, rather are beyond the articles, of, charges earlier inquired into by the inquiry officer, (iv) and, when the afore additional articles of charges, were, enjoined to be inquired into, through, a valid inquiry, as, ordained, in Regulation 6 of the Punjab National Bank Officer Employees' (Discipline and Appeal) Regulations, 1977, (v) whereas, theirs remaining unenquired into, hence, the review of Annexure P-7, through Annexure P-9, is impermissible, nor hence, therethrough rather for unenquired into charges, as embodied therein, the, recommendations, of, imposition hence, of, a major penalty, upon, the delinquent petitioner, is, both invalid, and, illegal.