A RADHAKRISHNA Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS is an appeal preferred by the unsuccessful petitioner aggrieved by the dismissal of his writ petition filed for the relief of writ of mandamus to direct the respondent to reinstate him in this original post with full backwages, continuity of service, seniority, promotion and all other consequential benefits.

(2.) THE brief facts of the case giving rise to the present appeal are that:-The petitioner - appellant herein joined the services of the Bank on 14. 5. 1974 in the Kadatoka branch of the Bank in Uttara Kannada district and in the year 2000, after promotion he was working as an officer in the middle management grade scale-II. On 1. 12. 2000 he was issued with a charge-sheet wherein he was alleged to have committed irregularities on two occasions viz. , on 29. 2. 2000 and 26. 5. 2000. Both these charges related to fraudulent transfer of amounts from one of the customers of the Bank namely M/s. Essen Exports. The charge relating to 29. 2. 2000 was with reference to the transfer of an amount of Rs. 20,000/- to another account and the charge in respect of 26. 5. 2000 related to transfer of an amount of rs. 4,09,480/- to another account. An enquiry was conducted and the petitioner defended his case and after completion of the enquiry, the inquiring Authority having found that the charges were proved against the petitioner the matter was referred to the Disciplinary who imposed the punishment of dismissal from service. Challenging the same, the petitioner 'moved the writ petition before the learned Single Judge without any success. Therefore, he is before us in this appeal.

(3.) WE have heard the learned Counsel on both sides and perused the material on record.