NARESH KUMAR GUPTA Vs. CANARA BANK

JUDGEMENT

(1.) LPA No.447/2013

(2.) Briefly, the facts are that the Appellant was appointed as a clerk with the Respondent-Bank on 6th September, 1980 and was working in the said post at the South Extension Branch, New Delhi from 27th July, 1991 till 13th August, 1996. It was alleged by the Respondent Bank that on 18th July, 1996, one account holder, namely, Ms. Omshree Sharma had deposited a sum of Rs. 10,000/- in cash in her saving bank Account. On 19th July, 1996, Shri Abdul Alim who was also a saving bank account holder, had deposited a sum of Rs. 30,000/- to his SB account. As per the Respondent, it had transpired that on both the dates, the Appellant herein was the cashier, and though he had issued counterfoils to the customers, he had failed to credit the said amounts on the same day and had, in fact, credited the amounts to the respective accounts on the next day i.e. 19th July, 1996 and 20th July, 1996. Similarly, on 20th July, 1996 one Mr. Surender Kumar, a saving account holder, had deposited a sum of Rs. 6600/-, which was evidenced by the counterfoils with the stamp on it produced by the account holder but the Appellant had failed to credit the said amount in the account of the said customer on the same day. Thus, the Appellant herein misappropriated the said amount with mala fide intention. This fact was further confirmed when on 13th August, 1996 on the complaint of the customer, the Appellant herein had remitted the said amount of Rs. 6600/- in the account of the customer from his own pocket.

(3.) A charge-sheet was issued to the Appellant on the above three accounts and, during the course of inquiry, all relevant records including the shroff cash book, were produced which showed delayed crediting of the amounts. The inquiry officer, after considering the evidence led before it, submitted its report holding the Appellant guilty of charges number two and three, and not guilty of the first charge.