STATE BANK OF BIKANER AND JAIPUR Vs. SRINATHGUPTA

JUDGEMENT

(1.) THIS appeal by special leave arises from the judgment of the Division Bench of the Rajasthan High Court which dismissed the appeal filed by the appellant against the judgment of the Single Judge who had allowed the writ petition filed by respondent No. 1 quashing the order of the Central Government Industrial Tribunal (hereinafter referred to as 'the Tribunal') which had upheld the dismissal of the said respondent No. 1 pursuant to the proceedings which had been held.

(2.) RESPONDENT No. I was initially appointed as cashier-cum-godown keeper by the appellant bank in the year 1961. He was promoted as Head-Cashier on 25-3-1970 and was posted at Sunel Branch of the Bank. In June, 1973, he was transferred to Sangod Branch.

(3.) AFTER the Inquiry Officer was appointed, the inquiry proceedings commenced. Deposition of a number of prosecution witnesses was recorded including the statements of Ashraf Ali and Dhanna Lal, from whom bribe was alleged to have been demanded for getting the loan sanctioned. Some of the other witnesses, however, turned hostile. Statements of the concerned witnesses including those of Ashraf Ali and Dhanna Lal had earlier been recorded by the appellant under Section 161, Cr.P.C. During the examination of these witnesses before the inquiry officer, these statements were brought on record as part of the deposition. It appears that copies of these statements were given to the respondent workman in advance and the contents of the same were admitted by the witnesses and opportunity was given to the said workman to cross-examine them.