(1.) THE petitioner was employed as Assistant Manager in Syndicate Bank. He was issued a charge sheet dated 16.08.2006. THE charge leveled reads as follows:
(2.) THE petitioner submitted a reply. On one hand, he denied the charge and on the other hand, he stated that he ha reimbursed the amount. Not satisfied, Mr.A.K. Jayashankar, Manager (IR), was appointed as the Inquiry Authority, to inquire into the said charge sheet. Mr.K.Srinivas Murthy, Manager (IR) was appointed as the Presenting Officer. Petitioner participated in the enquiry along with his Defence Assistant Mr.Manjunath S.Bhagwath, Assistant Manager. For the bank, 3 witnesses deposed and MEX-1 to MEX-171 were marked. Petitioner got himself examined as DW-1 and DEX-1 to DEX-14 were marked. After conclusion of the enquiry, petitioner submitted his written submission on 14.05.2007. Enquiry Officer after appreciating the record of enquiry, found the charge leveled against the petitioner as proved. Inquiry Report dated 16.07.2007 was submitted to the bank and a copy thereof was furnished to the petitioner on 18.07.2007, to make his submissions, if any. In response, written submission dated 10.08.2007 was submitted by the petitioner, Disciplinary Authority, by an order dated 29.08.2007, held the petitioner guilty of the charge and taking into consideration the gravity of the charge held as proved. Dismissed the petitioner from service of the bank.
(3.) SRI Vishnu Bhat, learned Advocate appearing for the petitioner contended that: