1. By this writ petition filed under Article 226 of the Constitution of India, petitioner, who is working as an Assistant General Manager with the respondent/Punjab & Sind Bank, seeks quashing of the impugned charge-sheet dated 29.4.2013 on the ground that charges in the same are basically only a recast of the charges which were made in terms of an earlier charge-sheet dated 04.10.2011, and which charges after enquiry were held not proved against the petitioner with respect to 4 out of 5 charges and only one charge (5th charge) was proved and that too only partially. In sum and substance, the petitioner for quashing of the charge-sheet dated 29.4.2013 pleads the case of ‘double jeopardy’, and the fact that earlier proceedings would be res judicata against the respondent/Bank with respect to the same set of facts.

2. Since the issue in the present case is with respect to whether the charges in the first charge-sheet dated 04.10.2011 and the second charge-sheet dated 29.4.2013 are the same, let me at this stage reproduce the statement of allegations under the first and the second charge-sheet, and which read as under:-

October 4, 2011

“STATEMENT OF ALLEGATIONS

Sh.Bhupinder Singh, Asstt. General Manager is alleged to have committed irregularities/lapses in the account of M/s Rajat Pharmachem Ltd. during his tenure as In Charge, IBD Mumbai from 26.04.2005 to 24.10.2008.

The party was sanctioned Usance Bills Discounting Limit of Rs.1500 lacs vide GM (Advances) sanction No. GM(A)-R-17/07/08 dated 07.09.2007 modified vide ED Sanction No.ED-R-73/2007-08 dated 29.03.2008 against the bills/hundies raised by the Co. duly accepted by STC and endorsed in favour of the bank. The proceeds of the bills discounted/negotiated were to be made payable directly to PNB-A/c Rajat Pharmachem Ltd. Following irregularities/lapses were committed by him:

01. That out of 14.53 Crore outstanding in the above account, Rs.2.73 Crores only represent the finance allowed against bills of exchange accepted by STC whereas the remaining amount of Rs.11.81 Crore is on account of finance provided by the branch against invoices accepted by STC. The sanction does not stipulate purchase/discount of invoices accepted by STC. As such, finance against invoices accepted by STC was provided by him in violation of terms and conditions of the sanction.

02. (a) That amended Sanction No.ED-R-73/2007-08, it was stipulated that “Co. to provide Credit Insurance Policy on specific buyer, in line with other financing banks.....Credit Insurance claim, if any, will be paid to the discounting/financing bank only”. The said condition of the sanction was not complied with by him.

02. (b) That he had not ensured whether any insurance claim was lodged by STC for credit insurance taken by them on the specific buyers.

3. That there was non-obtention, non-perusal & non-reference of Agreement between STC & Rajat Pharmachme Ltd. while recommending sanctioning of credit facilities to M/s Rajat Pharmachem Ltd.

4. That M/s Rajat Pharmachem Ltd. was involved in merchandizing trade transactions Import/Export which are self liquidating & do not require bank finance as per RBI Cir. No. AP(DIR) Series) No.4 dated 19.07.2003. Thus, recommendation of sanctioning of credit facilities of the party was in violation of RBI guidelines.

5. That out of total bills amounting to Rs.22.78 Crore discounted by the branch, Rs.10.40 Core (Rs.9.80 Cr. On 19.03.08 & Rs.0.60 Crore on 24.03.2008) were remitted by the branch to PNB-A/c M/s Rajat International instead of M/s Rajat Pharmachem Ltd. He, therefore, had not only violated the terms of the sanction grossly but also allowed diversion of funds.

29 April, 2013

STATEMENT OF ALLEGATIONS

Sh. Bhupinder Singh, Asstt. General Manager, HO Accounts & Audit Deptt., Rajendra Place, New Delhi, is alleged to have committed irregularities/lapses in the account of M/s Rajat Pharmachem Ltd. during his tenure as In charge, IBD Mumbai from 26.04.2005 to 24.10.2008.

The party was sanctione