Amarjit Singh Chawla v. Punjab And Sind Bank And ORS
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+ "19 In the present case, I find that while directing its attention to the gravity of the charge found proved against late Smt. Kailash Sharma, i.e, absence from duty and the fact that she was not willing to join duty except in Government Higher Secondary School, Kapurthala, the punishing authority blissfully ignored the fact that as on the date of commencement of the period of absence. She had served for 22 years and during the long
/ period, there was no cause of complaint from any quarter regarding her behaviour, conduct, performance or integrity. In the written statement filed on behalf of the respondents, it has not even been suggested that before absenting from duty w.e.f 1.7.1982, late Smt. Kailash Sharma had committed any misconduct or any adverse remark was recorded in her Annual Confidential Reports. Rather, their main emphasis is on her failure to get the leave sanctioned and join duty. In my opinion, the omission to consider the unblemished service record of 22 years of the delinquent is sufficient to record a conclusion that the punishment is vitiated due to non-application of mind.
I am also inclined to agree with the learned counsel for the petitioner that the punishment of removal from service imposed by the punishing authority which has the effect of depriving late Smt. Kailash Sharma of the pension and other retiral benefits is wholly arbitrary and is such which shocks the conscious of the Court.
In view of the above conclusion, I may have remanded the case to the disciplinary authority to re-consider the question of punishment to be imposed on the delinquent, but keeping in view the fact that she is no longer in this world and the case has remained pending in this Court for 15 years, I am satisfied that no useful purpose would be
& served by remanding the case. I also feel that ends of justice would be met by setting aside the punishment of removal from service and substituting the same with compulsory retirement w.e.f 1.7.1982 i.e the date from which late Smt. Kailash Sharma absented from duty.
In the result, the writ petition is partly allowed. Order Annexure P13 is upheld in so far as finding of guilty is concerned. However, the punishment of removal from service is set aside and is ordered to be substituted with that of compulsory retirement w.e.f 1.7.1982 As a consequence, the legal representative of late Smt. Kailash Sharma shall be entitled to get retiral benefits which would have been payable to her had she been retired w.e.f 1.7.1982 The concerned authority is directed to calculate the retiral benefits payable to the legal representative of Smt. Kailash Sharma by treating her to have been compulsory retired by way of punishment w.e.f 1.7.1982 The needful be done within a period of six months from the date of submission of a certified copy of this order."
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