RAMESH KUMAR Vs. REGIONAL MANAGER P.N.B.

JUDGEMENT

(1.) THE appellant, Mr. Ramesh Kumar, was dismissed from service after holding an enquiry by the employer, Punjab National Bank. The dismissal was challenged before the Industrial Tribunal by the appellant but without success. It was then made subject matter of challenge in Writ Petition (Civil) No. 9379/2006 but again without success as the writ petition was dismissed by the impugned order dated 16th April, 2007.

(2.) IN the present appeal it was contended that the report of the Enquiry Officer is vitiated on the ground of no evidence and the punishment of dismissal could not have been imposed under the Service Rules.

(3.) THE Enquiry Officer has held that the appellant, Mr. Ramesh Kumar was the person, who had received the said two cheques from Mr. Hitesh Bhatnagar. The Enquiry Officer came to the conclusion that Mr. Ramesh Kumar did not make entry of these instruments in onward clearing register. The Enquiry Officer also held that the appellant had deliberately/wrongly affixed the stamp on the counterfoil, which as per the Rules, should be affixed in a manner that it should overlap between the counterfoil retained by the bank and the portion of the counterfoil given to the customer. The Enquiry Officer has referred to the letter written by Mr. Hitesh Bhatnagar that Mr. Ramesh Kumar had visited his residence number of times along with wife and daughter and had offered to pay him Rs. 6,000/ - to make good the loss but this was not accepted by him as he wanted due credit in his account. It is, therefore, not possible to accept the contention of the appellant that it is a case of no evidence or the finding of the Enquiry Officer is perverse.