D PADMANABHUDU Vs. BANK OF INDIA

JUDGEMENT

(1.) IT is not in dispute that the appellant while working as Account Clerk in the 1st respondent-Bank misappropriated about Rs. 4,000/-. The amounts were paid by the customers to the Bank for the purpose of depositing them in their respective accounts. Instead of depositing the amounts in the respective bank accounts of the customers the appellant misappropriated them and even fabricated false documents by posting false entries. The bank therefore dismissed him from service after holding an enquiry.

(2.) BEFORE the Labour Court the enquiry was not challenged but only the quantum of punishment was challenged. The Labour Court was influenced by the fact that the amount misappropriated is that of the customers and not of the bank and further the workman had repaid the amounts due to the customers and therefore there was repentance on the part of the appellant. The Labour Court was also influenced by the fact that the appellant deserved to the given a chance to reform himself. It, therefore, interfered with the order passed by the management and directed the management to take him back in service and further held that the proper punishment would be to withhold two future increments with cumulative effect.