SANJAY KUMAR PRASAD Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Heard Mr. K.N. Choubey, learned Senior Counsel, assisted by Mr. Rajendra Krishna and Mr. Vishal Kumar Tiwary, advocates for the petitioner and Mr. Manoj Tandon, learned counsel, assisted by Mr. P.A.S. Pati and Mr. Rohan Kashyap, advocates appearing on behalf of respondent-Bank.

(2.) In the instant writ petition, the petitioner has challenged the order of penalty of removal from service dtd. 27/1/2020 (Annexure-7 to the writ petition). The appellate order dtd. 25/6/2020 (Annexure-9 to the writ petition) passed by the appellate authority rejecting the appeal of the petitioner is also under challenge. The petitioner further prayed for reinstatement in service with all consequential benefits.

(3.) The facts as delineated in the writ petition are that while the petitioner was posted as Circle Head, Punjab National Bank, Mumbai City, he was proceeded with regular departmental proceeding by framing a memo of charge dtd. 23/1/2019 under Regulation 6 of Punjab National Bank Officer Employees' (Discipline and Appeal) Regulations, 1977. Altogether three charges were levelled against the petitioner under different headings. The petitioner submitted his reply denying the charges levelled against him. The Enquiry Officer submitted the enquiry report on 17/10/2019 holding some of charges proved and some of them not proved. The petitioner was given an opportunity to submit reply to the said enquiry report. Thereafter, the petitioner replied thereto. The disciplinary authority passed the penalty order on 27/1/2020 with major penalty of removal from service, which shall not be a disqualification for future employment, in terms of Regulation 4(i) of the PNB Officer Employees (D &A) Regulations, 1977. Thereafter, an appeal was preferred by the petitioner on 27/2/2020. The appeal of the petitioner was however rejected by the appellate authority on 25/6/2020.