IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.848 of 2010
1. DHARMENDRA SINHA S/O LATE SHRI MADAN MOHAN
PRASAD R/O B-49, SRI KRISHANPURI, PATNA-800001,
PRESENTLY POSTED AS SENIOR MANAGER , PUNJAB
NATIONAL BANK, BORING ROAD BRANCH, PATNA
Versus
1. THE PUNJAB NATIONAL BANK , THROUGH ITS
CHAIRMAN-CUM-MANAGING DIRECTOR, PUNJAB NATIONAL
BANK HAVING ITS OFFICE AT CORPORATE OFFICE ,
BHIKHAJI CAMA COMPLEX, NEW DELHI
2. THE CHAIRMAN -CUM-MANAGING DIRECTOR, PUNJAB
NATIONAL BANK HAVING ITS OFFICE AT CORPORATE
OFFICE, BHIKHAJI CAMA COMPLEX, NEW DELHI
3. THE GENERAL MANAGER-CUM-APPELLATE AUTHORITY ,
PUNJAB NATIONAL BANK BHIKHAJI CAMA COMPLEX, NEW
DELHI
4. THE DEPUTY GENERAL MANAGER-CUM-DISCIPLINARY
AUTHORITY , PUNJAB NATIONAL BANK ZONAL OFFICE ,
R-BLOCK, PATNA.
For the Appellant: Mr. Ashwini Kumar Singh, Sr. Adv.
For the P.N.B. : Mr. Suresh Pd. Singh No.1, Adv.
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3/ 21/06/2010 Heard learned counsel for the appellant and
learned counsel for the respondents.
The only ground urged before us by the
learned Senior Counsel Shri Ashwini Kumar Singh
appearing for the appellant was that the appellant was
not wholly negligent, but at best left certain columns
blank in the security documents. It was urged that he
has an impeccable service record except for the present
episode. Relying upon Clause-1.2 of the Staff
Accountability Policy the punishment was excessive. It
was urged that this ground had not been raised in the
memo of appeal or before the Reviewing authority. The
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appellant therefore desired to represent on the quantum
of punishment in light thereof.
Learned counsel for the Bank urged that the
matter has adequately been considered by the appellate
authority and the Review authority when all grounds
raised by the appellant have been considered.
From the judgement impugned it does not
appear that the ground urged before us was raised before
the writ court.
We accordingly dispose off this appeal on the
limited question only which has been urged before us on
the issue of the quantum of punishment. It is expected
that if the appellant files any such representation the
Bank shall not feel inhibited by its earlier orders of the
appellant authority or the review authority and shall
consider the present issue under Clause-1.2 of the Staff
Accountability Policy with regard to which we express no
opinion.
The appeal stands disposed with the aforesaid
observations.
( Navin Sinha, J.)
( Dinesh Kumar Singh, J.)
KC