Punjab National Bank and others vs Shri Kailash Chander Verma

Having heard learned counsel for the parties as also perused the record, we are in agreement with the findings returned by the learned Single Judge that order dated 24.8.2006 (Annexure P-1) passed by Disciplinary Authority, order dated 20.4.2007 (Annexure P-12) passed by Appellate Authority and order of review dated 12.12.2007 (Annexure P- 13), are in the nature of unreasoned orders. Even though order dated 20.4.2007, runs into seventy five pages, but all that has been done is mere reproduction of report of the inquiry officer; submissions made by the delinquent official and that of the representative of the department. Issues; material produced and contentions raised during the course of inquiry were neither referred to, nor dealt with or considered. To say the least, orders, though lengthy, are bereft of any reasoning, as such, to this extent, we see no reason to interfere with the impugned judgment.

However, in so far as subsequent part of direction i.e. entitling the delinquent official of consequential benefits is concerned, we are of the considered view that the learned Single Judge could not have issued such a direction, more so, for the reason that he had himself held the Disciplinary Authority entitled to pass fresh orders and take the disciplinary proceedings to its logical end. As such, this part of the finding returned by the learned Single Judge is quashed and set aside.

Thus, judgment dated 11.5.2016 passed in CWP No. 1838 of 2008 titled Kailash Chander Verma versus Punjab National Bank & others, is modified accordingly.

Needless to add, since disciplinary proceedings pertain to year 1998 and delinquent official already stands superannuated, it is directed that the authority shall pass fresh orders in terms of the judgment passed by learned Single Judge and expeditiously take the proceedings, if so required and desired, to logical end, and preferably within a period of three months.

With the aforesaid observations, the present appeal is disposed of. Pending applications, if any, are also disposed of.