ASHOK KUMAR PARSAD Vs. MANAGER INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The petitioner was working as a Messenger at the Model Town Branch of Respondent No.1 bank. A Savings Bank (SB) Account was opened in the joint names of Shri Paras and Shri Dwarika in the branch on 20.8.1995 on the introduction of the petitioner. On 22.4.1997 Shri Paras visited the branch to verify whether a cheque for Rs. 20,000 deposited by him earlier in the account had been cleared. The petitioner who was present at that time advised Shri Paras that the cheque had not been cleared and asked him to hand over the passbook for updating the entries. Shri Paras handed over the passbook to the petitioner forgetting that he had kept a blank signed withdrawal slip in the passbook. The petitioner subsequently got the withdrawal slip filled for Rs. 18,000 and encashed it on 23.4.1997. On 24.4.1997, when Shri Paras visited the branch and sought to withdraw Rs. 10,000, he was informed that the balance in the account was insufficient. He also found that the petitioner was on leave that day. When he enquired whether the cheque of Rs. 20,000 deposited by him had been credited, he was informed that a sum of Rs. 18,000 had already been withdrawn by the petitioner. Thereupon, on the same date i.e. on 24.4.1997, both the account holders made a joint complaint to the Chief Manager of the Model Town Branch of Respondent No.1 bank asking that the action be taken against the petitioner and the amount unlawfully taken by him be returned.

(2.) It is the petitioner's case that on 26.4.1997 both the joint account holders gave a further letter to the Chief Manager stating that they were withdrawing the complaint since they had already received the amount. The complaint dated 24.4.1997 was got investigated by the bank. Based on the preliminary investigation, on 14.5.1997 a charge sheet was issued to the petitioner asking him to show cause why action should not be taken against him for having misappropriated a sum of Rs. 18,000. The petitioner was asked to file his reply by 12.6.1997. On the petitioner's request, he was given a further time of one month. However, till 28.9.1997 the petitioner did not file a reply to the charge sheet.

(3.) Thereafter an Enquiry Officer was appointed and the first date of enquiry was fixed for 8.11.19997. The list of documents relied on by the bank as well as the list of witnesses along with the Investigation Report dated 1.5.1997 were sent to the petitioner. He was also permitted to inspect the documents at the branch along with his defence representative.