B K BASAVALINGAPPA Vs. CHITRADURGA GRAMIN BANK CHITRADURGA

JUDGEMENT

(1.) The appellants herein being aggrieved by the common order dated 2nd August 2005 passed in Writ Petition No. 19239/2000 c/w. Writ Petition No. 9279/2000 and Writ Petition No. 43485/1999 by the learned Single Judge, have presented this writ appeal. In the writ petition filed by the respondent Bank, it had sought for quashing of the award dated 23rd September 1999 passed by the Central Government Industrial Tribunal - cum - Labour Court, Bangalore and consequently, to declare that the Bank is justified in imposing upon the deceased employee the punishment of dismissal from service with effect from 18th March 1994. In the other two writ petitions, the appellants had sought for a direction, directing the Bank and the Regional Labour Officer (Central) to implement the award in its entirety, granting all the consequential benefits and to quash the award dated 23rd September 1999, in so far as it relates to denial of remaining 50% back wages.

(2.) The brief facts of the case are that, the delinquent employee, Sri B.K. Basavalingappa, who was working as cashier at the respondent - Chitradurga Gramin Bank, (hereinafter referred to as "Bank" for short) is no more and the appellants herein are his legal representatives. While the deceased employee was so working in the Bank, on 7th February 1990, one Smt. C. Mahantamma, holder of Savings Bank Account No. 1497, came to the Bank for crediting a sum of Rs. 600/- and handed over the said amount to the deceased for crediting the same to her S.B. Account. The deceased, on receipt of the said amount, gave her a challan, acknowledging receipt of Rs. 600/- and also made entry in the Pass Book, giving credit of Rs. 600/- to her S.B. Account. But, unfortunately, he failed to deposit the said amount in her S.B. Account, in actual. Only after lapse of one year, it was noticed that a sum of Rs. 600/- was not credited on 7th February 1990 but was credited to her Account on 3rd July 1991. The fatherinlaw of the deceased had obtained the Pass Book from the S.B. Account holder, wherein it was found that '7.2.1990' was struck off and an entry was made to that effect as '3.7.1991'. When this fact came to the knowledge of the Account holder, Smt. C. Mahantamma, she lodged a complaint before the Bank. On the basis of the complaint submitted by the S.B. Account holder, the Bank issued Articles of Charges, alleging that the deceased had misappropriated a sum of Rs. 600/- remitted on 7th February 1990 to the credit of Smt. C. Mahantamma in her S.B. Account No. 1497. Accordingly, an inquiry was initiated against the deceased and the deceased contested the allegations. On behalf of the Bank, three witnesses were examined and the deceased also cross examined the said witnesses. The deceased adduced his evidence. The Inquiry Officer, after conducting thorough enquiry with reference to the relevant material available on file, submitted his report to the Disciplinary Authority and the Disciplinary Authority, in turn, issued a show cause notice, enclosing thereto a copy of the report of the Inquiry Officer and thereafter also gave a personal hearing to the deceased. The deceased appeared personally and requested for lesser punishment and specifically requested not to impose higher punishment of dismissal. The Disciplinary Authority, after going through the report submitted by the Inquiry Officer and after critical evaluation of the oral and documentary evidence and other material available on file, has passed the order on 18th March 1994, dismissing the deceased from service. Assailing the correctness of the order passed by the Disciplinary Authority, the deceased raised an Industrial Dispute and since the conciliation failed, the said dispute was referred to the Central Government Industrial Tribunal cum Labour Court for adjudication. The said Reference was numbered as C.R.172/1997. The Labour Court, after affording reasonable opportunity to the deceased /his representative and after going through the report of the Inquiry Officer and the order passed by the Disciplinary Authority and other material available on file, has, by its order dated 23rd September 1999, modified the order passed by the Disciplinary Authority to the extent that the deceased was entitled to be reinstated with 50% back wages and continuity of service. Aggrieved by the award passed by the Labour Court, the Bank as well as the deceased filed writ petitions before the learned Single Judge of this Court, as referred above. The writ petition filed by Bank and the two writ petitions filed by deceased employee, who has since been represented by his Legal Representatives had come up for consideration before the learned Single Judge on 2nd August 2005 and the learned Single Judge, after re-appreciation of the material available on record, after going through the report of the Inquiry Officer and the order passed by the Disciplinary Authority, allowed the writ petition filed by Bank and dismissed the writ petitions filed by the deceased, following the judgment of the Apex Court and this Court. Assailing the correctness of the order impugned passed by the learned Single Judge, referred above, the LRs. Of deceased - appellants herein have presented this appeal, seeking the aforesaid reliefs.

(3.) We have heard learned Counsel appearing for appellants for considerable length of time.