BANK OF INDIA Vs. BHIMSEN GOCHHAYAT

JUDGEMENT

(1.) This appeal is by the appellant, Bank of India against the judgment of the Division Bench of the High Court whereby the High Court has allowed the writ petition filed by the respondent herein, namely, Bhimsen Gochhayat.

(2.) The respondent initially started his career as a sweeper in Bank of India, Basta Branch on 22-6-1978 and rose ultimately to the post of daftary. At the relevant time, the respondent was working in Akhupada Branch of the Bank. While so working, a report came to be made against him that he had tried to defraud the Bank by attempting to withdraw Rs.35,000 allegedly deposited in the name of one Babaji Nayak. The prosecution for the offences under Sections 419/420/468 IPC came to be launched against him and he was convicted by the trial court for the offence punishable under Section 468 IPC alone though he was acquitted of the other offences.

(3.) The prosecution case against the respondent was that on 17-8-1982 the Manager of Bank of India, Balasore Branch received an inter-office memorandum dated 9-8-1982 for Rs.35,000 purported to have been sent by Bank of India, Lindsay Street Branch, Calcutta requesting him to open a savings bank account being the housing loan disbursement in the name of Babaji Nayak. Accordingly, on the same day, Savings Bank Account No. 2255 for Rs.35,000 was opened in Bank of India, Balasore Branch in the name of Babaji Nayak.