High Court Patna High Court - Orders

Dharmendra Sinha vs The Punjab National Bank &Amp; Ors on 21 June, 2010

Patna High Court – Orders
Dharmendra Sinha vs The Punjab National Bank &Amp; Ors on 21 June, 2010
                    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.
                                  -----------

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