THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN

JUDGMENT:

Heard Sri V. Murali Manohar, learned counsel appearing for Smt. V. Dyumani, learned counsel for the appellant and Sri N. Kumaraswamy, learned counsel for the respondent/writ petitioner.

2. The respondent/writ petitioner, who was working as an Officer-in-charge of Toopran Branch, Secunderabad Circle, of the appellant bank in 2016, was proceeded in a departmental enquiry on the basis of an allegation that he committed pre-sanction lapses and post-sanction lapses and sanctioned loans beyond his vested powers and not moved confirmation of action, by charge sheet dated 01.10.2020. The statement of imputation of misconduct in support of article of charge was on 191 such instances enumerated under the article of charge from Page Nos.53 to 97 of the memo of appeal.

3. Under Regulation 6 of Punjab National Bank Officer Employees’ (Discipline & Appeal) Regulations, 1977 (for short ‘the Regulations, 1977’), procedure for imposing major penalties is prescribed which reads as under:

“6. Procedure for Imposing Major Penalties:

(1) No order imposing any of the major penalties specified in clauses (f), (g), (h), (i) and (j) of Regulation 4 shall be made except after an enquiry is held in accordance with this regulation.

(2) Inquiring Whenever the Disciplinary Authority is of the opinion that there are grounds for into the truth of any imputation of misconduct or misbehaviour against an officer employee, it may itself enquire into, or appoint any other person who is, or has been, a public servant (hereinafter referred to as the inquiring authority) to inquire into the truth thereof.

In view of shortage of experienced senior executives for conducting departmental enquiries, the Board of Directors in its meeting held on 27.12.2006 has approved the empanelment and appointment of retired officers as Inquiry Officer, from among those who retired as officers in SMG Scale IV & V & TEG Scale VI & VII.

Explanation:

When the Disciplinary Authority itself holds the inquiry any reference in sub-regulation (8) to sub-regulation (21) to the inquiring authority shall be construed as a reference to Disciplinary Authority.

(3) Where it is proposed to hold an inquiry, the Disciplinary Authority shall, frame definite and distinct charges on the basis of the allegations against the officer employee and the articles of charge, together with a statement of the allegations, list of documents relied on along with copy of such documents and list of witnesses along with copy of statement of witnesses, if any, on which they are based, shall be communicated in writing to the officer employee, who shall be required to submit, within such time as may be specified by the Disciplinary Authority (not exceeding 15 days), or within such extended time as may be granted by the said Authority, a written statement of his defence; Provided that wherever it is not possible to furnish the copies of documents, disciplinary authority shall allow the officer employee inspection of such documents within a time specified in this behalf;

(4) On receipt of the written statement of the officer employee, or if no such statement is received within the time specified, an enquiry may be held by the Disciplinary Authority itself, or if it considers it necessary so to do appoint under Sub-regulation (2)

an Inquiring Authority for the purpose.

Provided that it may not be necessary to hold an enquiry in respect of the articles of charge admitted by the officer employee in his written statement but shall be necessary to record its findings on each such charge.

(5) The Disciplinary Authority shall, where it is not the inquiring authority, forward to the inquiring authority:

(i) a copy of the articles of charges and statements of imputations of misconduct or misbehavior;

(ii) a copy of the written statement of defence, if any, submitted by the officer employee;

(iii) a list of documents by which and list of witness