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2013 Supreme(All) 2851

RAKESH TIWARI, BHARAT BHUSHAN
L. K. JAIN – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent


Advocates:
Counsel :
P.K. Saxena, A.K. Srivastava and Sumit Srivastava for the Petitioner; K.L. Grover, Ramesh Singh and S.C. for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—This petition challenges the legality and correctness of impugned orders dated 30.1.1995 and 10.10.1995 passed by the D.G.M., the disciplinary Authority (respondent No. 3), and the General Manager, the appellate Authority of Punjab National Bank (respondent No. 2), appended as Annexures 14 and 15 respectively to the petition. Petitioner has further prayed for a writ of mandamus commanding the respondents to treat him with continuity of service and all consequential service benefits.

2. Factual matrix of the case are that the petitioner was working as officer in Punjab National Bank in JMG Scale-1 since 16.9.1986. He was served with a charge-sheet dated 13.4.1992 for certain misconduct said to have been committed by him while working as an Accountant at Private Sector cell at Branch Office, C.L. Bulandshahr during the period 9.12.1989 to 24.5.1991. The two Articles of charges against him reads as under :

Article -I

He recommended loan proposals prompting reckless lending in connivance with borrowers/middlemen and with the purported suppliers by disregarding the prescribed pre-sanction appraisal and post-sanction control thereby faciliating misapprop











































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