State Bank of Patiala and another … v. Ram Niwas Bansal (Dead) through LRs.

State Bank of Patiala and another …  v.  Ram Niwas Bansal (Dead) through LRs.

CIVIL APPEAL NO. 239 OF 2003                                                                                                                             WITH TRANSFER CASE (C) NO. 79 OF 2013                                                                                                                JUDGEMENT on March 3, 2014.

Ram Niwas Bansal, while posted as Accountant at the Narnaul Branch of the appellant-Bank in the Officer Cadre, was served with a charge-sheet dated 20.10.1980 for certain financial irregularities. Two supplementary charge-sheets dated 15.1.1981 and 8.1.1982 were also issued to the said officer. The legal heirs of Ram Niwas Bansal have been brought on record after his death during the pendency of this appeal. An Enquiry Officer was appointed who, after conducting the enquiry, submitted his report to the General Manager (Operations) of the Bank. Managing Director, agreeing with the findings recorded by the Enquiry Officer, recommended for removal of the delinquent officer from the Bank’s service to the appointing authority in accord with the terms of Regulation 68(1)(ii) of the State Bank of Patiala (Officers’) Service Regulations, 1979 (for short “the 1979 Regulations”). Being grieved by the aforesaid orders, he preferred CWP No. 4929 of 1986 before the High Court for issuance of a writ of certiorari for quashment of all the orders and for issue of appropriate direction to reinstate him in service with full service benefits. The High Court ruled that non-supply of comments of the General Manager had caused serious prejudice to the delinquent officer and there was denial of fair and reasonable opportunity and on that basis set aside the order of punishment. The Supreme court said that, in view of the aforesaid directions, the judgment and order passed by the High Court is modified and the civil appeal and the transfer case are disposed of leaving the parties to bear their respective costs…read more