GYANENDRA KUMAR DUBEY Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) ORDER Heard learned counsel for the parties.

(2.) THE petitioner on the allegations of misconduct is facing a criminal trial and has also been subjected to the departmental proceedings. According to the petitioner the departmental proceedings are required to be stayed in view of paragraph 11 of the Punjab National Bank Officers Employees (Discipline and Appeal) Regulations, 1977. For these submissions he has relied upon the judgment of the Supreme Court reported in 1988 SC 2118 and another single Bench judgment of this Court 2003(3) PLJR 347. It was also submitted by him that the petitioner is a Branch Manager and the enquiry has been assigned to some subordinate to the petitioner. According to him he has raised the question of propriety of appointing the enquiry officer, who is junior to the petitioner, but unfortunately the establishment is not passing any orders. He has further submitted that as complicated questions of fact and law are involved in the matter and the matter will have to be decided by the Court of competent criminal jurisdiction the enquiry must be stayed till final outcome of the criminal trial.

(3.) REGULATION 6 relates to the procedure imposing major penalties, Regulation 7 relate to action on the enquiry report and Regulation 8 relates to procedure imposing minor penalties. A juxtapose reading of Regulation 6, 7 and 8 would simply mean that in a given case after following the provisions minor and major penalties in accordance with the procedure may be awarded. Regulation 11 is all exception carved out of the general rule. While under Regulation 6, 7 land 8 major and minor penalties are to be inflicted after observing the procedure, Regulation 11 authorises the employer/establishment to remove the man from service or awarding a punishment in case he is convicted by a Court of competent criminal jurisdiction. Regulation 11 in fact is not an absolute exception to Regulation 6, 7 and 8 but it gives additional power to the establishment and the authority. It does nowhere says that in case of complicated fact and legal issues involved in the matter the disciplinary authority should stay his hands till the outcome of the criminal trial or wait ad -infinitum.