Case Title: Smt. Shashi Bala Meena versus Punjab National Bank
Case No.: S.B. Civil Writ Petition No. 7612/2015
Decided on: 24/05/2023
Coram: HON’BLE MR. JUSTICE ANOOP KUMAR DHAND
Facts of the case:
The petitioner submits that during the entire service, the petitioner was transferred for 24 times and she joined the transferred places obeying the order/command issued by higher authorities.
During the service tenure of petitioner, she was granted three promotions and her services remained unblemished and during her service tenure, no penalty was imposed against the petitioner.
The petitioner was transferred from Jaipur Branch to Alwar Branch and the petitioner was supposed to join at the transferred place on or before 29.04.2014. Counsel submits that due to her family circumstances, the petitioner could not join and she requested the authorities to retain her at Jaipur Branch. Counsel submits that when the request of petitioner was not considered, an application was submitted for the grant of privilege leave on medical grounds.
Without considering the application, her relieving order was passed on 29.04.2014 with directions to join immediately and joining leave are to be availed thereafter.
The petitioner was served with a charge-sheet on 11.08.2014 and the enquiry commenced against the petitioner on 14.11.2014. Prior to the commencement of enquiry, the petitioner joined the transferred place on 01.11.2014.
The petitioner submitted reply to the enquiry report on 15.01.2015 and on the same day, the higher officials passed the impugned order without even perusing the reply submitted by the petitioner, which amounts to non-application of mind and it appears that they were pre-determined to pass the impugned order against the petitioner.
Counsel submits that proper opportunity was not provided to the petitioner to produce her defence and the enquiry was completed in a hasty manner. Hence the total enquiry is quite unfair.
Judgement:
The doctrine of proportionality, the impugned order dated 15.01.2015 and the appellate order dated 12.03.2015 are quashed and set aside.
The matter is remitted back to the appropriate authority for reconsideration on the question of punishment and pass appropriate orders within a period of three months from the date of receipt of a certified copy of this order.
This petition is allowed in part. The respondents are directed to reinstate the petitioner forthwith, but she will not be entitled to any back wages from the date of her compulsory retirement till reinstatement.
Parties to bear their costs.
Analysis:
Looking to the past /previous record of twenty five years of unblemished service career of the petitioner and looking to the fact that several Privilege Leave were there in account of the petitioner and she submitted several applications for grant of P.L. on medical grounds and looking to the fact that the petitioner joined the transferred place of posting at Alwar Branch on 01.11.2014 and remained posted and continued there till passing of her order of compulsory retirement, the punishment order is harsh. The judgments cited and relied by the respondents are not applicable in the facts of this case.
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Written by: Mahima Saini
