Punjab-Haryana High Court
S.C. Kaushik vs Punjab National Bank And Another on 11 March, 2024
Neutral Citation No:=2024:PHHC:034043
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
107 2024:PHHC:034043
CWP No. 23284 of 2014
Date of Decision:11.03.2024
S.C.Kaushik
....Petitioner
vs.
Punjab National Bank and another
....Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Sanjiv Gupta, Advocate
for the petitioner
Mr. Aayush Gupta, Advocate
for the respondents
***
JAGMOHAN BANSAL, J. (ORAL)
1. The petitioner through instant petition under Articles 226/227 of
the Constitution of India is seeking setting aside of charge sheet dated
16.07.2013 (Annexure P-1), order dated 04.03.2014 (Annexure P-3) and
appellate order dated 27.05.2014 (Annexure P-5). The petitioner is further
seeking direction to respondents to release his retiral benefits i.e. pension,
leave encashment and other benefits.
2. The petitioner was working with respondent-bank and he was
issued charge sheet dated 16.07.2013 alleging mis-conduct. The respondents
conducted departmental enquiry and held him guilty. He came to be
removed from service vide order dated 04.03.2014. The disciplinary
authority ordered to remove him from service with a rider that it shall not
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disqualify him for future employment. The relevant extracts of the order
dated 04.03.2014 are reproduced below:-
"I have carefully gone through records of the case
comprising charge sheet, enquiry report, reply of charged
officer and all other relevant facts of the case and I am of
the view that Shri Kaushik has committed serious lapses
which have been proved in enquiry as admitted by him.
However, it is a fact that no loss has been caused to the
bank due to the acts on his part. It is also a fact that there
was nothing adverse against him in past. However, he
cannot be retained in the service of the bank in view of
the lapses and acts committed by him which reflects on
his integrity. I am of the view that the ends of justice will
be met if the penalty of "Removal from service which
shall not be a disqualification for future employment" in
terms of Regulations 4 (i) of PNB Officer Employees
(D&A) Regulations, 1977 is imposed upon Shri Kaushik.
Further his period of suspension shall not be treated as a
period spent on duty, for all purposes"
The petitioner unsuccessfully preferred appeal before the
appellate authority. The petitioner is seeking setting aside of orders passed
by respondent authorities as well as direction to respondent authorities to
grant him retiral benefits.
3. Mr. Sanjiv Gupta, Advocate, submits that in view of judgment
of Supreme Court in Bank of Baroda vs. S.K.Kool (D) through LRs and
another, 2014(2) SCC 715, the petitioner despite his removal from service
is entitled to pensionary benefits.
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4. Mr. Aayush Gupta, Advocate, submits that petitioner in the
appeal did not seek retiral benefits and at this belated stage, without
approaching the bank, he is seeking retiral benefits. The petitioner is
supposed to approach the respondent-bank and without adjudication by
bank, this Court should refrain from adverting with the question of retiral
benefits.
5. Faced with this, Mr. Sanjiv Gupta asserts that petitioner without
assailing his removal from service would approach respondent-bank for
retiral benefits, however, respondent-bank may be directed to decide his
claim in a time bound manner.
6. In the wake of statement of both sides, the petition stands
disposed of with liberty to petitioner to approach respondent-bank for
release of his retiral benefits and other dues. If the petitioner files
representation, it would be decided within three months from the date of
application. The respondent-bank would take care of the aforesaid judgment
while deciding application of the petitioner.
(JAGMOHAN BANSAL)
JUDGE
11.03.2024
paramjit
Whether speaking/reasoned: Yes
Whether reportable: No
Neutral Citation No:=2024:PHHC:034043
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