Kuldip Singh Mand v. Uco Bank And ANR

CM-1540-LPA-2017 in/and LPA-730-2017 (O&M) -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-1540-1541-LPA-2017 in/and LPA-730-2017 (O&M) Date of Decision: May 12, 2017 Kuldeep Singh .....Appellant

Versus

UCO Bank and another ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.H.S.Aujla, Advocate for the appellant.

........

SURYA KANT, J.

CM-1540-LPA-2017 For the reasons mentioned in the application, the same is allowed subject to all just exceptions and delay of 6 days in filing the appeal is condoned.

CM stands disposed of.

LPA-730-2017 (O&M) The instant Letters Patent Appeal is directed against the order dated 28.03.2017 whereby appellant's writ petition in which he sought a declaration for his reinstatement and for setting aside the order of suspension, has been dismissed.

[2] The appellant is a Clerk in UCO Bank. It is an admitted fact Meenu 2017.05.23 13:31 I attest to the accuracy and authenticity of this document chandigarh

CM-1540-LPA-2017 in/and LPA-730-2017 (O&M) -2that FIR No.259 dated 05.10.2012 under Sections 420, 467, 468, 469, 471 and 120-B of the Indian Penal Code has been registered against him and his co-accused at Police Station, Dina Nagar, District Gurdaspur, alleging that they fraudulently prepared and submitted fake and tempered ration cards etc. and fake educational certificates to procure promotion in the bank. Punjab School Education Board had cancelled the Senior Secondary result of the appellant as it appeared that the same was also based upon a fake certificate. The appellant was arrested on October 11, 2012 and was released on bail on November 07, 2012. The Rule provides that on being arrested for more than 48 hours, the employee shall be deemed to have been suspended. The appellant has accordingly been placed under suspension. He has also been charge-sheeted separately on July 01, 2014 to face the departmental proceedings.

[3] In these circumstances, the appellant cannot seek re-instatement as a matter of right.

[4] Dismissed.

( SURYA KANT ) JUDGE May 12, 2017 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.05.23 13:31 I attest to the accuracy and authenticity of this document chandigarh