H.G. HIREMANI Vs. CANARA BANK, BANGALORE

JUDGEMENT

(1.) The petitioner, who is workman under the 1st respondent is before this Court challenging the impugned award dated 22.3.2001 passed in C.R. No.11/1993 by the Central Government Industrial Tribunal-cum-Labour Court, Bangalore rejecting the reference made by Central Government under clause (d) of sub-section (1) and sub-section 2A of Sec. 10 of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as 'the Act').

(2.) It is the case of the petitioner before this Court that, he had joined the services of the respondent-bank as workman in the clerical cadre on 3.1.1977 and he was placed under suspension on 11.12.1986 on the ground of stealing of cheques and forgery. The Central Bureau of Investigation (for short, hereinafter referred to as 'the CBI') on the complaint made by the respondent-bank, registered first information report against the petitioner and another Mr. Rangaraju and thereafter, charge sheet was filed on 26.9.1987 in C.C. No.58/87. During the pendency of the criminal trial, the respondent-bank initiated departmental enquiry against the petitioner by issuing charge sheet on 10.7.1987 to the effect that the petitioner and another have made manipulations and alterations with regard to cheques bearing No.524474 for a sum of Rs.40,000.00 and No.524461 for a sum of Rs.20,000.00 drawn on State Bank of India, Shivajinagar of one customer Gopal Narahari by crediting the said amount in favour of Sri. R. Rangaraju and subsequently has withdrawn the same by causing loss of Rs.60,000.00 to the bank.

(3.) On 9.11.1987, the petitioner replied to the charge sheet which was filed on 26.9.1987 in C.C. No.58/1987. The respondent-bank, not being satisfied with the explanation offered appointed an Enquiry officer, who after holding detailed enquiry by his enquiry report dated 6.7.1989 held that the charges against the petitioner are proved, on the basis of which, the Disciplinary Authority has proceeded to pass the dismissal order on 17.8.1989 as contemplated under Chapter XI Regulation 4(g) of the Canara Bank Service Code. However, it was made clear that he was entitled for subsistence allowance till the date of receipt of the proceedings and the period of suspension shall be treated as 'not spent on duty'.