SUKH RAM SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner, Sukh Ram Sharma, has assailed the award passed in ID No. 39/2002 by the Central Govt. Industrial Tribunal cum Labour Court No.1 on 13.03.2007, whereby the punishment of discharge from service imposed upon him was upheld.

(2.) ON 01.09.1967, the petitioner was employed as a Messenger with the respondent. He was thereafter upgraded and assigned the duties of a Cashier. On 06.05.1992, the Disciplinary Authority placed the petitioner under suspension after it was noticed that cash under his charge was short by Rs. 24,870/ -. Criminal proceedings were also initiated against the petitioner. He was convicted under Section 405/409 IPC by Metropolitan Magistrate, Karkardooma Court, Shahdara, Delhi vide judgment dated 27.2.1997 and was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 5,000/ - and in default to undergo a further simple imprisonment for three months. In appeal, the Additional Sessions Judge modified the sentence by an order dated 27.9.1999 and the petitioner was directed to be released on probation of good conduct on furnishing a personal bond of Rs. 5,000/ -. However, the petitioner was discharged from the service of the bank, on 26.11.1999, by the respondent on the grounds of moral turpitude.

(3.) THEREAFTER , an industrial dispute was raised by the petitioner and a reference was made by the Government of India, Ministry of Labour on 28.5.2002 in the following terms: