PUNJAB NATIONAL BANK Vs. CENTRAL GOVERMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Heard Shri N.K. Maloo, for the appellant and Shri Sanjay Pareek, for the contesting IV respondent.

(2.) This Special Appeal has been filed by the appellant-Bank against the order dated August 28, 1995, passed by the learned single Judge of this Court, dismissing the writ petition filed by the appellant-Bank and thereby confirming the order passed by the Industrial Tribunal, Jaipur dated August 22, 1983.

(3.) The respondent No. 4 was an employee of the appellant-Bank. While working on the post of Clerk/Cashier, he was served with a charge sheet dated February 27, 1976 in connection with various misconducts. The respondent No. 4 denied the charges and thereupon a regular enquiry was held. Respondent No. 4 participated in the enquiry. Several witnesses were examined on behalf of the appellant-Bank and nine witnesses on behalf of the respondent No. 4. The enquiry officer submitted his report, in which he found the respondent No. 4 guilty of all the charges except charge No. 5. The disciplinary authority, after giving a show cause notice to the respondent No. 4 and considering the reply submitted by the respondent No. 4, came to the conclusion that all the charges except charge No. 5 were clearly proved and, therefore, imposed the punishment of dismissal from service vide order dated August 6, 1976. The respondent No. 4 preferred an appeal against the order of dismissal. The appellate authority, after considering the matter and taking a lenient view, substituted the punishment of dismissal as under: