BAIJNATH PRASAD Vs. THE CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Interlocutory Application No. 393 of 2015

(2.) The facts, in brief, are that the applicant represented himself as only 8th pass, on the basis of which, he was appointed as Peon in Central Bank of India, Main Branch, Muzaffarpur on 17.02.1992. He had mentioned his date of birth at the time of his appointment as 20.08.1970 . The maximum qualification fixed for appointment as Peon at that time was 8th pass. Subsequently, he appeared in Matriculation Examination with permission of the Bank in the year 1994 and, on the basis of such qualification, promoted to the post of Clerk on 01.12.1995.

(3.) However, the learned Single Bench interfered with the order of punishment imposed upon the appellant on the ground that on 10.01.1977, a Circular was issued that if a person, by concealing higher qualification, has got appointment in the Bank on the post of Peon, he would be punished by levying a penalty of stoppage of one increment permanently. Though the stand of the Bank was that such circular was one-time-measure to contain the mistakes committed till that time but the learned Single Judge found that the punishment of discharge awarded to the applicant is excessive and harsh and, consequently, set aside the said order of punishment.