INDIAN OVERSEAS BANK Vs. OM PRAKASH LAL SRIVASTAVA

JUDGEMENT

(1.) The appellant-Bank, a nationalised one, took the ultimate step against the respondent as an employee in pursuance of departmental proceedings having found him guilty on various counts inter alia including breach of duty as a custodian of public money and dishonesty, fraud or manipulation of documents. The Industrial Tribunal ultimately upheld the decision of the appellant-Bank but in terms of the impugned judgment of the Allahabad High Court, five of the charges were found not proved while qua two of the charges the matter was remitted back to the Industrial Tribunal with a limited mandate.

(2.) The said decision was, however, stayed by this Court on 5.3.2019.

(3.) The respondent was employed with the appellant-Bank as a clerkcum-cashier w.e.f. 14.9.1981. The appellant-Bank received a complaint dated 8.10.1994 from the sister-in-law of the respondent, Smt. Meera Srivastava, that the respondent had opened and operated a savings account No. 7882 in the joint name of the respondent and his sister-inlaw by forging her signatures, and encashed a demand draft of Rs. 20,000/- which was issued to her by way of interim relief by Kalyan Nigam Limited in which her husband was employed as a Junior Engineer, who had unfortunately passed away in a road accident on 15.4.1994. The respondent was placed under suspension on 5.11.1994 by the Bank for committing acts of grave misconduct at the Gorakhpur Branch and he was issued a chargesheet dated 22.3.1995. The charges are as under: