Research › Search › Judgment

Himachal Pradesh High Court · body

2019 DIGILAW 1031 (HP)

Ravinder Singh Rana v. Punjab National Bank

2019-07-25

SURESHWAR THAKUR

body2019
JUDGMENT : Sureshwar Thakur, J. Through, the instant petition, the petitioner seeks an order, (a) for quashing of Annexure P-12, wherethrough, a, major penalty of reduction, to a lower stage, by three stages, in the time scale of MMG III, for a period of three years, stood imposed, upon him, (b) and, further the petitioner also seeks quashing of orders borne in Annexure P-15, wherethrough, the statutory appeal reared against Annexure P-12, was dismissed, by the statutory authority, (c) and, he further seeks relief, of, quashing of Annexure P-18, wherethrough, the review, of, Annexure P-15 also stood dismissed. 2. The articles of charges, inquired into, by the Inquiry Officer, in sequel whereto, the afore penalties stood imposed, upon, the petitioner are extracted hereinafter:- "ARTCLE-I: Sh. R.S. Rana has allowed overdrawing in the irregular Cash Credit account of M/s Manjit Singh and co. without the recommendation of loans officer/2nd men. ARTICLE-II: Sh. R.S. Rana while allowing the overdrawing to M/s Manjit Singh and Co. had not executed the loan documents as per Bank's guidelines. ARTICLE-III: Sh. R.S. Rana purchased DDs beyond his vested powers on different dates, drawn on associate and allied concerns and the fact was concealed while seeking confirmation of his action from Regional Office." The mechanism qua imposition of, a, major penalty, upon, the afore articles, of, charges or imputation(s) of misconduct, hence encumbered, upon, the deliquent, stands contemplated, in Punjab National Bank Officer Employees' (Discipline and Appeal) Regulations 1977, regulation(s) whereof, are, borne in Annexure P-4. Apt Regulations 4, and, 6 whereof stand extracted hereinafter: "4. Penalties: The following are the penalties which may be imposed on an officer employee, for acts of misconduct or for any other good and sufficient reasons:- Minor Penalties ((a) Censure (b) Withholding of increment of pay with or without cumulative effect; (c) withholding of promotion; (d) Recovery from pay or such other amount as may be due to him of the whole or part of any pecuniary loss caused to the bank by negligence or breach of orders. (e) Reduction to a lower stage in the time scale of pay for a period not exceeding 3 years, without cumulative effect and not adversely affecting the Officer's pension. (e) Reduction to a lower stage in the time scale of pay for a period not exceeding 3 years, without cumulative effect and not adversely affecting the Officer's pension. Major Penalties (f) Same as provided for in (e) above reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the officer will earn increments of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the future increments of his pay; (g) Reduction to a lower grade or post; (h) Compulsory retirement; (i) Removal from service which shall not be a disqualification for future employment; (j) Dismissal which shall ordinarily be a disqualification for future employment. 6. Procedure for imposing Major Penalties: (1) No order imposing any of the major penalties specified in clauses (f), (g), (h), (i) and (j) of Regulation 4 shall be made except after an inquiry is held in accordance with this regulation (2) Whenever the Disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an officer employee, it may itself enquire into, or appoint any other person who is, or has been, a public servant (hereinafter referred to as the inquiring authority) to inquiry into the truth thereof" In sub-clause (1) of Regulations 6, there is a prohibition against imposition, of, a major penalty, upon, the delinquent, unless, a valid inquiry hence obviously preceding therewith, is, concluded. 3. Be that as it may, a perusal of Annexure P-7, drawn, on 17.12.2009, (i) underscores, the factum qua recommendations, being made, that since imposing, a, major penalty, upon, the delinquent petitioner, would adversely affect, his further promotion, thereupon, it being recommended, that, imposition, of, a stringent minor penalty of reduction, to a lower stage by six stages, in the time scale of MMG-III, for a period of three years, rather being imposable, upon, the delinquent employee, (ii) given it also holding proportionality, vis-a-vis, the gravity of articles, of, charges, as, framed, and, proven against the delinquent petitioner. However, the afore recommendations, were, hence, not accepted by the authority concerned, under a letter drawn, on 26th July, 2010, borne, in, Annexure P-9, and, existing at page 71 of the of paper book, (iii) and, the reasons assigned therein, make underlinings qua apart from the afore proven articles of charges, other delinquency(ies) or aberration(s) in conduct, of, the delinquent petitioner, hence, prevailing upon, the management concerned, to review the earlier proposal qua imposition, upon, him, of the afore minor penalty. The instances of misconduct, as stand, embodied, in the letter, borne in Annexure P-9, and, as existing at page 71 of the paper book, were, visibly not part, and, parcel of the articles, of, the afore inquired into hence charges, rather are beyond the articles, of, charges earlier inquired into by the inquiry officer, (iv) and, when the afore additional articles of charges, were, enjoined to be inquired into, through, a valid inquiry, as, ordained, in Regulation 6 of the Punjab National Bank Officer Employees' (Discipline and Appeal) Regulations, 1977, (v) whereas, theirs remaining unenquired into, hence, the review of Annexure P-7, through Annexure P-9, is impermissible, nor hence, therethrough rather for unenquired into charges, as embodied therein, the, recommendations, of, imposition hence, of, a major penalty, upon, the delinquent petitioner, is, both invalid, and, illegal. 4. Furthermore, the since, the rubric, of, the trite principle, of, proportionality, inter se, the gravity of articles of charges, and, meteing, of, a minor penalty, upon, the petitioner, is, also upon a perusal, of, the record, hence abundantly satisfied, and, also is bespoken, in Annexure P-7, thereupon, the respondent bank, is directed to comply with recommendations, as stand, borne in Annexure P-7. 5. With the afore directions, the instant writ petition stands disposed of. All pending applications also stand disposed of.