LAWS(NCD)-2008-5-82

PUNJAB NATIONAL BANK Vs. SUNIL KUMAR PODDAR

Decided On May 13, 2008
PUNJAB NATIONAL BANK Appellant
V/S
SUNIL KUMAR PODDAR Respondents

JUDGEMENT

(1.) THE complainant in this case, Sunil Kumar Poddar was an employee of Hindustan Commercial Bank, which was amalgamated with the Punjab National Bank (hereinafter referred to as Bank) on 18.12.1986. The erstwhile management issued a charge -sheet to the complainant in respect of sanction of loan to the tune of Rs. 6,49,000. Subsequently, the complainant was dismissed from service on 23.12.1985. The complainant was not given his Provident Fund contribution to the tune of Rs. 3,85,427 on the ground that the complainant has caused loss to the bank to the tune of Rs. 6,49,000 and he was dismissed after enquiry by the Bank. Against this order, the complainant filed a writ petition in the High Court, which Court directed the appellant authority (Bank) to consider the matter on merits The appellant authority heard his appeal and dismissed him and forfeited his Provident Fund contribution.

(2.) AGGRIEVED by this order, complainant filed a case before the District Forum. The District Forum after hearing the parties held that the complainant is a consumer and the Bank cannot attach the Provident Fund account and directed the Bank to release Rs.3,85,427 with interest @ 8% from 1.4.2005 till realization along with compensation of Rs.5,000 and cost of Rs.2,000. Dissatisfied by the order of the District Forum, the Bank filed an appeal before the State Commission which was dismissed.

(3.) AGGRIEVED by the order of the State Commission, the Bank has filed revision petition before us.