Punjab & Sind Bank & ORS v. Parbodh Kumar

CM-3239-3240-3241-2016 in/and LPA-1549-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-3239-3240-3241-2016 in/and LPA-1549-2016 (O&M) Date of Decision: September 25, 2018 Punjab and Sind Bank and others .....Appellants

Versus

Parbodh Kumar ......Respondent CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.R.N.Lohan, Advocate for the appellants.

Mr.G.S.Bal, Sr.Advocate with Ms.Gursimran Kaur, Advocate for the respondent. ........

SURYA KANT, J.(ORAL) CM-3239-LPA-2016 Application is allowed as prayed for.

CM stands disposed of.

CM-3240-LPA-2016 For the reasons mentioned in the application, the same is allowed and the delay of 81 days in filing the appeal is condoned. CM stands disposed of.

LPA-1549-2016 This Letters Patent Appeal challenges the order dated 03.05.2016 whereby learned Single Judge has set aside the order dated 23.08.2013 of the Disciplinary Authority vide which penalty of Reduction in the monthly pension of the respondent by `15,000/- per month for 36 months was imposed. One of the main reason which found favour with the learned Single Judge is that the action was taken under Clause 6(1) of the MEENU 2018.10.05 11:48 I attest to the accuracy and authenticity of this document chandigarh

CM-3239-3240-3241-2016 in/and LPA-1549-2016 (O&M) -2Punjab and Sind Bank Officer Employees (Discipline and Appeal) Regulations, 1981 even when no action against a retired employee could be taken under that provision. On the other hand, learned counsel for the Bank relies upon and rightly so that there is a complete set of Regulations known as Pension Regulations, 1995 whereunder action can be taken against a retired bank employee also.

[2] Since the learned Single Judge has not been assisted with the relevant provisions of 1995 Regulations and other factual issues are also at variance, the instant appeal is allowed. The order under appeal dated 03.05.2016 is set aside and the matter is remitted to the learned Single Judge to decide the same afresh and in accordance with law. Since the respondent is a retiree and recovery has already been effected, we request the learned Single Judge to make an endeavour to decide the writ petition within three months.

[3] Parties are directed to appear before the learned Single Judge on 09.10.2018.

[4] It is made clear that we have not expressed any views on the merits of the case and the parties shall be at liberty to raise their respective pleas before the learned Single Judge.

( SURYA KANT ) JUDGE September 25, 2018 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2018.10.05 11:48 I attest to the accuracy and authenticity of this document chandigarh