IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
M.S. RAMACHANDRA RAO, SUKHVINDER KAUR, JJ.
Punjab National Bank & Ors. – Appellants
Versus
Karma Devi & Ors. – Respondents
LPA NO. 2379 of 2017 (O&M)
Decided On : 25-04-2023
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
JUDGMENT
M.S. Ramachandra Rao, J
This LPA is preferred by the employer-Punjab National Bank challenging the judgment dt.27.09.2017 of the learned Single Judge in CWP-6863-2010.
2. The Writ Petition was filed by the respondent No.1 seeking a Writ of Certiorari for quashing of an order dt.02.08.2008 (P-13) whereby punishment of compulsory retirement had been imposed on herby appellant No.4 vide order dt.11.10.2008 (P-15) of the appellate authority (appellant No.3) upholding the said punishment and also order dt. 30.11.2009 (P-16) of the reviewing authority (appellant No.2) dismissing her review petition.
3. The respondent belongs to the Scheduled Caste category and had joined the Punjab National Bank (Appellant No.1) as a Clerk.
4. A charge sheet 21.11.2006 (P-6) was issued to the respondent levelling allegations with regard to discharge of her duties. The gist of the charges are as under:
5. The respondent No.1 gave her reply to the same on 23.12.2006 denying the charges.
6. The respondent No.4 after considering the same, decided to hold a departmental inquiry and appointed an Inquiry Officer.
7. After holding inquiry, the Inquiry Officer submitted his report dt.19.05.2008 (P-11) holding that charges no. 1(a), (c), (d), (e), (f), (h) and (i), and article of charge No.2 were proved and charge 1 (b) and (g) were partly proved. The inquiry report ran into 73 pages.
8. The Inquiry report was forwarded to the respondent No.1 for her objections/representation thereon. On 25.07.2008, the respondent No.1 submitted the detailed objections/representation (P-12) of 82 pages.
9. The respondent No.4, who is the disciplinary authority, then passed order of punishment (P-13) on 02.08.2008 of a mere 4 pages imposing major penalty of compulsory retirement in terms of Regulation 4(h) of the PNB Officers and Employees (Discipline and Appeal Regulations), 1977. In the said order, he condensed the 82 page objections/representation submitted by the respondent to the inquiry report into 7 bullet points each of about 2-5 lines of length about a page, dealt with all of them in a single paragraph which states as under:
10. The respondent No.1 then preferred an Appeal against the same on 01.09.2008 (P-14) to the appellant No.3. The grounds of Appeal run into 60 pages.
11. The appellate authority rejected the Appeal vide (P-15) dt.11.10.2008. The appellate order runs into a mere
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