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2023 Supreme(Raj) 496

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Smt. Shashi Bala Meena, W/o. Shri Narsi Lal Meena - Petitioner
Versus
Punjab National Bank through its Managing Director-Cum-Chief Executive Officer & Ors. - Respondents
S.B. Civil Writ Petition No. 7612 of 2015
Decided On : 24-05-2023

Advocates Appeared:
For the Petitioner: Mr. Akhil Simlote, Mr. Dikshant Jain, Mr. Ashvini Raj Tanwar.
For the Respondent: Mr. Ajay Shukla, Mr. Raghav Sharma.

Headnote:

United Bank of India Officer Employees' (Discipline & Appeal) Regulations, 1976 - Regulation 18 - Reviewing Authority - First Information Report - Privilege Leave - Doctrine of Proportionality - Instant petition has been filed by petitioner Counsel for petitioner submits that during entire service petitioner was transferred she joined transferred places obeying order command issued by higher authorities - Held, Case looking to past previous record of twenty-five years of unblemished service career of petitioner several Privilege Leave account of petitioner submitted several applications for grant of P.L. on medical grounds and looking to petitioner joined transferred place of remained posted order of compulsory retirement punishment order is harsh - Petition is allowed.

JUDGMENT :

1. Instant petition has been filed by the petitioner with the following prayer:-

    “It is, therefore, most respectfully prayed that your lordships may very graciously be pleased to accept and allow the writ petition, called for the entire record relating to the present case and;

(i) By an appropriate writ, order or direction in the nature whereof the impugned orders dated 15.1.2015 communicated to the petitioner on 17.01.2015 (Annexure-38) and the order dated 12.03.2015 (Annexure-40) of the Appellate Authority may kindly be quashed and set aside. Further the petitioner may kindly be reinstated in service with all consequential benefits with 24% interest.

(ii) Any other order which this Hon’ble Court may deems fit and proper in facts and circumstances of the case may also be passed in favour of petitioner.

(iii) Cost of the writ petition may kindly be awarded in favour of the petitioner.”

2. Counsel for the petitioner submits that during the entire service, the petitioner was transferred for 24 times and she joined the transferred places obeying the order/command issued by higher authorities. Counsel submits that during the service tenure of petitioner, she was granted three promotions and her services remained unblemished and during her service tenure, no penalty was imposed against the petitioner. Counsel submits that vide order dated 19.04.2014, the petitioner was transferred from Jaipur Branch to Alwar Branch and the petitioner was supposed to join at the transferred place on or before 29.04.2014. Counsel submits that due to her family circumstances, the petitioner could not join and she requested the authorities to retain her at Jaipur Branch. Counsel submits that when the request of petitioner was not considered, an application was submitted for the grant of privilege leave on medical grounds. Counsel submits that without considering the application, her relieving order was passed on 29.04.2014 with directions to join immediately and joining leave are to be availed thereafter. Counsel submits that whenever relieving order is passed, some joining time is granted and the instant case is peculiar one, where directions have been issued to join immediately and avail the leave after joining. Counsel submits that the petitioner was served with a charge-sheet on 11.08.2014 and the enquiry commenced against the petitioner on 14.11.2014. Prior to the commencement of enquiry, the petitioner joined the transferred place on 01.11.2014. Counsel submits that the enquiry was completed in hasty manner within two days even after expiry of bank hours and the same continued till 8:45 PM on 15.11.2014. Counsel submits that the petitioner submitted reply to the enquiry report on 15.01.2015 and on the same day, the higher officials passed the impugned order without even perusing the reply submitted by the petitioner, which amounts to non-application of mind and it appears that they were pre-determined to pass the impugned order against the petitioner. Counsel submits that proper opportunity was not provided to the petitioner to produce her defence and the enquiry was completed in a hasty manner. Hence the total enquiry is quite unfair. Counsel submits that the total period of absence of the petitioner was hardly six months and looking to such period, the order impugned has been passed on a higher side and the same is quite disproportionate. Counsel submits that various leaves were lying unavailed in the Privilege Leave Account of the petitioner and the petitioner was entitled to claim her Privilege Leave, but without granting the Privilege Leave, order impugned has been passed against the petitioner. Counsel submits that the enquiry has been conducted in a malicious manner with ulterior object to compulsorily retire the petitioner from service. Counsel submits that the petitioner wanted to examine two witnesses, namely Mr. N.L. Meena and Mr. Ashok Meena, but the respondents refused to examine these witnesses on a vague ground that these witn

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