Punjab & Sind Bank vs Harvinder Pal Singh on 9 October, 2015

1. Whether the learned Single Judge has correctly opined that the issue
raised in the five writ petitions filed by the five respondents in the above
captioned five appeals was covered in their favour as per the decision
reported as (1996) 9 SCC 395 State of UP & Anr. Vs. Shri Krishna Pandey
and that the decision reported as 2015 Lab. I.C. 685 State of West Bengal Vs.
Pronab Chakraborty was not applicable, is the question which arises for
consideration before this Bench in the five captioned appeals.
2. The respondent in each appeal was an employee of the appellant bank.
Nand Lal Phatnani the respondent in LPA No.673/2015 superannuated on
May 31, 2010. Harvinder Pal Singh the respondent in LPA No.674/2015
superannuated on July 31, 2011. Paramjit Singh Anand the respondent in
LPA No.675/2015 superannuated on July 30, 2013. Parminder Singh the
respondent in LPA No.676/2015 superannuated on August 27, 2010 and
Harpreet Singh Makker the respondent in LPA No.677/2015 superannuated
on November 30, 2012. All of them were charge-sheeted under charge-
sheet(s) dated December 26, 2014. Whereas Nand Lal Phatnani, Harpreet
Singh Makker and Paramjit Singh Anand were charge-sheeted for the same
acts of omission and commission, being members of a loan committee,
pertaining to enhanced limits of a bank guarantee furnished by the bank at
the instance of M/s.Zoom Developers Pvt. Ltd.; Harvinder Pal Singh and
Parminder Singh were charge-sheeted concerning the enhancement of the
said bank guarantee in their capacity as a Branch Manager and the General
Manager. Therefore, it is apparent that allegations in the charge-sheet
against Nand Lal Phatnani, Harpreet Singh Makker and Paramjit Singh
Anand were the same concerning acts of omission and commission and
against Harvinder Pal Singh and Parminder Singh were near identical,
bringing out the acts of omission and commission by the two. Concededly
the common ground of all parties i.e. the appellant bank and the respondents
in the five appeals is that the acts of omission and commission complained
of, preceded four years from the date when the charge-sheet was issued.

Source: Indian Kanoon

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