STATE BANK OF INDIA Vs. C P KANAK

JUDGEMENT

(1.) The petitioner Bank by this writ petition impugns the award dated 23rd February, 1987 of the Industrial Tribunal, though holding the disciplinary proceedings held prior to the dismissal of the respondent no.1 workman to be fair and proper and in accordance with the principles of natural justice and though also holding the respondent no.1 workman guilty of temporary embezzlement, as also found by the Inquiry Officer and the Disciplinary Authority of the petitioner Bank, but holding the punishment of termination of service by way of discharge or dismissal to be harsh and quashing the same and directing the petitioner Bank to reinstate the respondent no.1 workman with continuity of service but without any back wages.

(2.) The respondent no.1 workman joined the employment of the petitioner Bank as a Clerk on 22nd August, 1978 and was posted at the Khurja Branch of the petitioner Bank on 3rd October, 1978 and assigned to the cash department. On 11th April, 1979 he was charged with the misappropriation committed on 3rd October, 1978 i.e. on the very first day of his posting as aforesaid in the Khurja Branch of the petitioner Bank. The charge against the respondent no.1 workman was that on 3rd October, 1978, a cash deposit voucher of Rs.5,000/- with cash was tendered at the counter manned by him for credit to the Savings Bank account of one Smt. Prabha Aggarwal; it was the case of the petitioner Bank that the respondent no.1 workman deposited only Rs.1,500/- out of the said Rs.5,000/-, by altering the amount in words and figures indicated on the voucher and by affixing the receipt stamps on the voucher in a way so as to conceal the said alteration. It was further the charge that the respondent no.1 workman thereby misappropriated the balance of Rs.3,500/-. It was yet further the charge that the respondent no.1 workman however on 7th October, 1978 i.e. barely after four days, filled in a voucher for Rs.3,500/- and managed to deposit the same in the account of the aforesaid Smt. Prabha Aggarwal. Before the Labour Court, it was the further case of the petitioner Bank that the account holder Smt. Prabha Aggarwal had issued cheques on aforesaid account and which were returned dishonored on account of misappropriation of Rs.3,500/- aforesaid by the respondent no.1 workman and in which regard a complaint was made by the account holder on 5th October, 1978 and to avoid detection and prosecution, the respondent no.1 workman on 7th October, 1978 deposited Rs.3,500/- as aforesaid in the account of Smt. Prabha Aggarwal.

(3.) The aforesaid findings have now attained finality, the respondent no.1 workman having not challenged the award.