CHANDER PRAKASH Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner Sh. Chander Prakash impugning the orders passed by the Departmental Authorities viz the Disciplinary Authority and the Appellate Authority whereby the petitioner has been imposed the punishment as under:-

(2.) The charge which was held against the petitioner was that the petitioner was found guilty of gross negligence in the discharge of his duties while working in Chest Note Vault No.1 leading to abstractions/pilferage of three bundles of Rs. 500/- denomination notes thereby acted in a manner detrimental to the interest of the Bank and causing pecuniary loss of Rs. 15,00,000/- to the bank. The aforesaid charge was on the basis of the following facts:-

(3.) The petitioner was served with the chargesheet dated 31.8.2002. Enquiry proceedings were thereafter held and which culminated in the report of the Enquiry Officer dated 27.11.2002. I may note that two charges in the alternative were imputed against the petitioner. The first was of committing grave misconduct by extracting cash of Rs.15,00,000/-from the bin. Second alternative charge was of displaying gross negligence leading to the loss of Rs. 15,00,000/- to the bank. In the enquiry proceedings, the first charge was not pressed on behalf of the respondent-bank i.e there was no charge against the petitioner of his abstracting cash of Rs.15,00,000/- and only the alternative charge was pressed of loss to the bank on account of gross negligence of the petitioner.