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2008 Supreme(Del) 1250

IN THE HIGH COURT OF DELHI
S.MURALIDHAR
D.B.MADAN - Appellant
Versus
PUNJAB NATIONAL BANK - Respondent
LPA 754/2008 and CM APPL No. 17396/2008
Decided On : 16-12-2008

Advocates Appeared:
Mr. Ashok Bhalla, Advocate
Mr. Rajat Arora, Advocate

Headnote:Punjab National Bank (Officers) Service Regulations 1979 Regulation 20(3) (ii) and (iii)- departmental proceeding is not initiated merely by issuance of a show cause notice - It is initiated only when a charge sheet is issued - Charge-sheet not drawn up prior to the superannuation - Proceedings in the departmental inquiry pursuant to the charge sheet dated 6th October 2008 issued to the Appellant directed to remain stayed till the disposal of the writ petition.

JUGMENT

1. This appeal challenges the impugned orders dated 22nd October 2008 and 19th November 2008 passed by the learned Single Judge in CM Application Nos. 14502 of 2008 and 15637-38 of 2008 respectively in Writ Petition (Civil) No. 7481 of 2008.

2. The Appellant was employed with the Respondent No.1 Punjab National Bank (Bank) since 1976. A show cause notice was issued to him on 25th April 1992 regarding serious lapses/irregularities in respect of the account of M/s. Pankaj Finance and Leasing Limited during his tenure as the Manager of the Connaught Place Branch of the Bank in the year 1989. According to the appellant, he replied to this notice and nothing was done by the Bank thereafter. The date of superannuation of the Appellant was 30th June 2007. A month prior to his retirement i.e. on 2nd June 2007 a show cause notice dated 30th May 2007 was issued to him alleging that while working as Manager at Connaught Place Branch, he failed to follow Banks prescribed systems and procedures and protect the interest of the Bank in respect of the account of M/s. Pankaj Finance and Leasing Limited. The Appellant replied to the show cause notice on 12th June 2007 pointing out that the present show cause notice was issued 18 years after his alleged tenure at the Connaught Place Branch and was, therefore, without legal basis. He requested that his retiral benefits on his superannuation should be released to him. The Bank passed an order dated 28th June 2007 stating that since the disciplinary proceedings initiated by the show cause notice dated 30th May 2007 were likely to continue beyond the date of his superannuation, the Appellant would not be entitled to payment of superannuation benefits, except his own contribution to provident fund, till the disciplinary proceedings were completed and final orders were passed thereon.

3. The Appellant then filed Writ Petition No. 1290 of 2008 in this Court seeking quashing of the Banks show cause notice dated 30th May 2007 and the consequential order dated 28th June 2007. This Court by an order dated 15th September 2008 disposed of the writ petition with the following direction: In view of the above and having regard to the facts and circumstances of the present case, the present writ petition is disposed of with directions to the respondent to take a conscious decision on the impugned show cause notice dated 30.05.2007 within a period of four weeks from today under intimation to the petitioner so that in case he is aggrieved by the said decision of the respondent, he may take his legal remedies against the same as may be available to him in law. There shall be no order as to costs.

4. Thereafter a charge sheet dated 6th October 2008 was issued to the Appellant. This led to the Appellant filing Writ Petition (Civil) No. 7481 of 2008 in this Court challenging the charge sheet dated 6th October 2008 and the order dated 28th June 2007 denying him his retiral benefits till the conclusion of the enquiry. Along with the writ petition, the Appellant filed an application seeking stay of the disciplinary proceedings.

5. By the first impugned order dated 22nd October 2008 the learned Single Judge declined to stay the departmental inquiry proceedings pursuant to the charge-sheet dated 6th October 2008 but directed that no final order should be passed till further orders of this Court. The Appellant filed another application CM No. 15638 of 2008 seeking a stay of the inquiry proceedings. This was declined by the second impugned order dated 19th November 2008.

6. We have learned counsel for the parties.

7. The relevant applicable regulations are the Punjab National Bank (Officers) Service Regulations 1979 (Regulations). Regulation 20 (3) (ii) and (iii) which are relevant for the present purpose reads as under: 20 (3) (ii) Disciplinary proceedings shall be deemed to be pending against any employee for the purpose of this regulation if he has been placed under suspension or any notice has been issued to








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