CANARA BANK Vs. LALIT POPLI

JUDGEMENT

(1.) This appeal is directed against an order dated 30th May 2008 passed by the learned Single Judge allowing Writ Petition (Civil) No. 6149 of 2003 filed by the respondent.

(2.) The respondent who was employed as a Clerk in the appellant bank, was dismissed from service on 30th June 1995 consequent upon a departmental enquiry in which he was found guilty of fraudulently withdrawing an amount of Rs. 1,07,000/- from the savings account of a customer. The Manager of the bank, an Officer and a Special Assistant were also indicted and found guilty of negligence in separate departmental enquiries in relation to the same incident. However, those three employees were punished with 'censure. It appears that the appellant bank decided to recover the loss caused to the bank in the sum of Rs. 1,07,000/- from the aforementioned three employees. Accordingly, Rs. 77,000/- recovered from Shri Meenakshisundaram, the Manager, Rs. 15,000/- from Shri S.S. Bhutani, the Officer and Rs. 15,000/- from Shri Rakesh Tyagi, the Special Assistant.

(3.) As far as Shri Meenakshisundaram is concerned, the punishment of censure and a recovery of Rs. 77,000/- was ordered by the disciplinary authority on 18th September 1994. In case of Shri Bhutani and Shri Tyagi it was done by the disciplinary authority by an order dated 23rd January 1995. The appeals filed by the three employees were also dismissed. They did not challenge the orders any further. As far as the respondent was concerned, the order dismissing him from service was passed on 30th June 1995. No order at that stage was passed for recovering any amount from him.