IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3060 of 2010 1. MUKTI NATH RAI, EX-CLERK CUM CASHIER (DISMISSED), PUNJAB NATIONAL BANK, JANTA BAZAAR BRANCH S/O LATE HEERA LAL R/O VILL.- SAHASARAWAN, P.O.- SAHASARAWAN VIA BHAGWANPURHAT, P.S.- BHAGWANPURHAT, DISTT.- SIWAN Versus 1. THE PUNJAB NATIONAL BANK THROUGH THE CHAIRMAN - CUM - MANAGING DIRECTOR PUNJAB NATIONAL BANK, NEW DELHI, 7 - BHIKAJI CAMA PLACE, NEW DELHI 2. THE GENERAL MANAGER (HRD) PUNJAB NATIONAL BANK, NEW DELHI, 7 - BHIKAJI CAMA PLACE, NEW DELHI 3. THE CHIEF VIGILANCE OFFICER PUNJAB NATIONAL BANK, BIHAR AND JHARKHAND, CHANAKYA TOWER, R BLOCK, DISTT.- PATNA 4. THE GENERAL MANAGER (FIELD) PUNJAB NATIONAL BANK, BIHAR AND JHARKHAND (THE THEN ZONAL MANAGER, PUNJAB NATIONAL BANK, BIHAR ZONE, PATNA), CHANAKYA TOWER, R BLOCK, DISTT.- PATNA 5. THE CIRCLE HEAD, PUNJAB NATIONAL BANK MUZAFFARPUR (THE THEN SR. REGIONAL MANAGER/REGIONAL MANAGER, PUNJAB NATIONAL BANK, MUZAFFARPUR REGION, DISCIPLINARY AUTHORITY), PANKAJ MARKET, SARAIYAGANJ, DISTT.- MUZAFFARPUR 6. THE ZONAL MANAGER, APPELLATE AUTHORITY CENTRAL PUBLIC INFORMATION OFFICER, PUNJAB NATIONAL BANK, BIHAR (NORTH) ZONE, PANKAJ MARKET, SARAIYAGANJ, DISTT.- MUZAFFARPUR 7. THE CHIEF MANAGER CENTRAL PUBLIC INFORMATION OFFICER, PUNJAB NATIONAL BANK, BIHAR (NORTH) ZONE, PANKAJ MARKET, SARAIYAGANJ, DISTT.- MUZAFFARPUR 8. THE BRANCH MANAGER, PUNJAB NATIONAL BANK BHAGWANPUR HAT BRANCH, SIWAN, DISTT.- SIWAN 9. THE BRANCH MANAGER, PUNJAB NATIONAL BANK JANTA BAZAAR BRANCH, CHAPRA, DISTT.- SARAN ----------- For the petitioner : Mr. Pradip Kumar-2, Advocate. For the Respondent Bank: M/S Sunil Kumar Singh No.1 & Sharad Kumar Sinha, Advocates ===== 2. 12.03.2010. Heard learned counsel for the petitioner and the Punjab National Bank (hereinafter referred to as the “Bank”). 2. Petitioner at the relevant time was serving as Clerk-cum- Cashier at the Bhagwanpurhat Branch of the Bank. He was proceeded against for misconduct vide charge-sheet, Annexure-7 and after conclusion of the departmental proceeding was dismissed under orders dated 30.9.2003, Annexure-13/6 as he was found to have misappropriated about Rs. 9 lacs of the different account-holders of the Branch. Against the - 2 - dismissal order petitioner preferred appeal before the appellate authority which was dismissed under orders dated 16.2.2004, Annexure 13/9. Petitioner was also prosecuted for misappropriating the aforesaid amount of about Rs. 9 lacs from the account of the different account-holders and was convicted by the trial court. Against the judgment of the trial court petitioner filed Criminal Appeal No. 30 of 2006 which was allowed under judgment dated 11th May, 2007, Annexure-14, paragraph 8 whereof indicates that the acquittal was recorded for the failure of the Bank to exhibit the vouchers to support the withdrawal of the amount from the account of the different account-holders by the petitioner although the vouchers whereunder withdrawals were made by the petitioner was placed on record of the criminal court. Having earned acquittal from the criminal prosecution on technical ground petitioner approached the Bank under representation dated 26.7.2007, 23.8.2007, 12.9.2007 and 16.10.2007 and requested the Bank to consider his reinstatement in the Bank in the light of his acquittal recorded under judgment dated 11th May, 2007, Annexure-14. His aforesaid prayer for reconsideration was made in the light of the findings of the Shastri Award confirmed by the Desai Award and reiterated in the bipartite settlement dated 10.4.2002. When aforesaid request of the petitioner was not considered, petitioner approached the Bank under the provisions of the Right to Information Act and under letter dated 5.3.2008, Annexure-16/2 was communicated by the Information Officer of the Bank that it has been decided by the Bank not to respond to his request for reinstatement contained in representation dated 26.7.2007, 23.8.2007, 12.9.2007 and 16.10.2007. The information received under letter dated 5.3.2008 is annexed with the writ petition as Annexure-16/2. By filing the present writ petition petitioner has inter alia prayed for to - 3 - direct the Bank to consider his reinstatement in the Bank in the light of his acquittal under judgment dated 11th May, 2007, Annexure-14. 3. Counsel for the Bank has opposed such reconsideration. He states that perusal of the judgment of acquittal itself would indicate that acquittal has been recorded for the failure of the Bank to exhibit the vouchers on the basis of which petitioner is alleged to have withdrawn the amount of Rs. 9 lacs from the account of the different account holders of the Branch and as the acquittal in the criminal prosecution is on technical ground the same may not be of any consequence for his reinstatement in the Bank as those vouchers were proved in the departmental proceeding. 4. Having heard counsel for the petitioner and the Bank as also having perused the contents of the Shastri, Desai Award duly modified by the bipartite settlement as contained in Annexures 1,2, 10 and 17, I direct the Bank to consider the representation of the petitioner dated 26.7.2007, 23.8.2007, 12.9.2007 and 16.10.2007 in the light of the findings recorded in paragraphs 8 and 9 of the judgment dated 11th May, 2007, Annexure-14 and decision to the contrary of the Bank not to consider those representation as contained in letter dated 5.3.2008, Annexure-16/2 is quashed with direction to the Bank to consider the aforesaid four representation as early as possible in any case within a period of three months from the date of receipt/production of a copy of this order before the competent authority in the Bank. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)