JUDGMENT :

Dinesh Kumar Sharma, J.

PREFACE

1. The present writ petition has been filed under Articles 226 and 227 of the constitution of India seeking the following reliefs:-

“(i) Call for the record of the case being LD. no. 108 of 2013 from Central Government Industrial Tribunal No. 1;

(ii) Issue a writ, order or direction quashing the award dt. 30.12.2013 passed by the Central Government Industrial Tribunal No. 1

(iii) Issue a writ, order or direction thereby setting aside the dismissal order dt.08/11.08-1995 issued by Disciplinary Authority against the Petitioner and consequently allow the claim of the Petitioner for reinstatement with back wages, promotion, seniority, consequential benefits etc.;…”

2. The Petitioner/workman has impugned the award dated 30.12.2013 passed by the CGIT cum Labour Court-1, Karkardooma Court Complex, Delhi in I.D. No. 108/2013, titled ‘Smt. Sneh Aggarwal Vs. CMD, Punjab National Bank’ whereby the claim of the Petitioner/workman for reinstatement in service was dismissed.

BACKGROUND OF THE CASE

3. Briefly stated facts, as alleged in the petition, are that the Petitioner/workman was appointed as Clerk-Cum-Cashier with the Respondent-bank on 15.09.1978 and rendered service for continuous 13 years. It has been averred that while she was posted as an Advanced Level Punching Machine Operator (hereinafter referred to as ‘ALPM Operator’) at Branch Office Parliament Street, New Delhi, Mr. P.S. Bedi, then Branch Manager at Kallirampur Branch, Meerut approached her and requested her to give him some deposits to enable him to fulfil the target of deposits in his branch. It is pertinent to note that prior to her posting at Branch Office Parliament Street, New Delhi, the Petitioner/workman was working at the Tilak Nagar Branch, New Delhi under the overall charge of Mr. P.S. Bedi. Petitioner/workman acceded to the request of Mr. P.S. Bedi and gave him Rs. 50,000/- and Rs. 10,000/- on 15.11.1990 and 21.11.1990 respectively along with an application form for issuance of an FDR.

4. It has been averred by the Petitioner/workman that on 02.02.1991, FDR No. 20/91 was handed over to her, subsequent to which she applied for a Demand Loan at Parliament Street Branch pledging the said FDR. However, later, it was detected by the bank that though the FDR purported to have been issued for a sum of Rs. 60,000/- on 02.02.1991, only a sum of Rs. 6,000/- was deposited with the bank on 03.02.1991.

5. A criminal case was lodged with the Central Bureau of Investigation and the Petitioner/workman was placed under suspension vide letter dated 30.01.1992. Subsequently, a departmental enquiry was initiated against the Petitioner/workman and she was charge-sheeted on 07.02.1994 by the Disciplinary Authority. The charge levelled against her is reproduced below :

“You committed a fraud by misusing your position as a Staff Member which is a act prejudicial to the bank's interest which is a misconduct in terms of para 19.5(j)”

6. The Petitioner/workman submitted her reply denying the charges but it was not found to be satisfactory and an Enquiry Officer was appointed to conduct a detailed enquiry into the charges made against the Petitioner/workman.

7. The respondent/bank examined two witnesses namely Shri. Pradeep Kumar Aggarwal, who was then posted as Special Assistant at the Kallirampur Branch, and Shri Babu Lal Gupta, who was then in charge of the loans at the Parliament Street, Branch. The Petitioner/workman also produced one witness namely Shri P.S. Bedi.

8. The enquiry officer submitted his enquiry report dated 14.03.1995 and held the charge to be proved and established beyond doubt. The Disciplinary Authority concurred with the findings of the enquiry officer and after a hearing was accorded to the Petitioner/workman, the Disciplinary Authority imposed a punishment of dismissal from service vide order dated 08.08.1995. It is pertinent to mention that an appeal filed by the Petitioner/workman against the order of disciplinary authority was also