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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VINOD S. BHARDWAJ
P.K. Jain – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT :
Vinod S. Bhardwaj, J. (Oral)
1. Challenge in the present petition is to the order dated 19.12.2002 whereby the Disciplinary Authority imposed punishment of bringing down the petitioner to lower stage in the scale of pay by two stages invoking Clause 19.6(e) of the Bipartite Settlement and directing that the petitioner is not entitled to any wages for the period of suspension except for the subsistence allowance already paid to him; as well as to the order dated 04.08.2003 whereby the appeal preferred by the petitioner has been dismissed by the Appellate Authority.
2. Briefly, the undisputed facts of the present case are that the petitioner was appointed as Clerk-cum-Godown Keeper on 21.02.1977 with the New Bank of India, which was later merged with the Punjab National Bank. During the said time, one person representing himself as Rakesh Garg got issued four certificates of reinvestment for a sum of Rs.25,000/- each, on 16.01.1990, declaring his address as House No.636, Sector 37, Chandigarh. The said Rakesh Garg thereafter obtained a loan of Rs.75,000/- from the bank on 02.02.1990 against the said certificates of reinvestment and later, closed the account with premature pa
An acquittal in a criminal case influences disciplinary proceedings if based on identical facts; punitive actions must respect judicial findings to avoid injustice.
The acquittal in criminal proceedings does not preclude disciplinary action in departmental proceedings, as the standard of proof and burden of proof are different in the two proceedings.
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
Acquittal in a criminal case must be considered in related departmental proceedings when based on identical facts.
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