Manjit Singh Reehal v. Punjab And Sind Bank And Another

Shivani Gupta 2019.10.07 10:31 CWP No. 28884 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 28884 of 2019 Date of decision: 04.10.2019 Manjit Singh Reehal ....Petitioner(s)

Versus

Punjab and Sind Bank and another

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Nikhil Chopra, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) Challenge in the present writ petition filed under Article 226 of the Constitution of India is to the show cause notice dated 16.09.2019 (Annexure P-2) issued by the respondent-bank. A perusal of the same would go on to show that the same is regarding lapses committed from 21.07.2010 to 23.02.2014 while the petitioner was working at the Branch Office, New Grain Market, Jalandhar. It is the case of the petitioner that he has retired on 31.03.2017 and in view of Section 48(2) of the Punjab and Sind Bank Employees Pension Regulation, 1995, there is a bar as such that no departmental proceedings would be instituted in respect of an event which took place more than 4 years before such institution. Counsel has also relied upon judgment of the Division Bench of this Court in CWP No. 10456 of 2007, Raghubir Singh vs. Punjab State Warehousing Corporation and another decided on 11.09.2008.

Keeping in view the fact that the challenge is to the show cause notice, this Court is of the opinion that it would be appropriate for the

CWP No. 28884 of 2019 petitioner to reply to the same and raise his legal objections to the same. The respondents would as such take a decision on the said reply before proceeding ahead with the proposed departmental proceedings. The writ petition is disposed of with the above said liberty. Needless to say that if any adverse order is passed, it will be open to the petitioner to challenge the same in a fresh round of litigation.

04.10.2019 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No