JANGE RAM GONDWAL Vs. CHAIRMAN & MANAGING DIRECTOR

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby to quash the impugned orders/proceedings dated 03.11.2011 and 23.02.2012 passed by the respondents- Disciplinary Authority as well as Appellate Authority awarding the penalty of "compulsory retirement from service of the Bank', and consequently, reinstate the services of the petitioner with respondents' Bank with consequential benefits and cost of the writ petition.

(2.) The brief facts of the case of the petitioner are that on 24.10.1978, the petitioner was appointed as a clerk in the respondents' Bank and thereafter, on 03.06.1985, promoted to the cadre of Junior Management Scale-I Officer. On 11.07.1989, sum of Rs. 500/- transferred from the saving Bank account No.25500 to saving Bank STF-75 after obtaining the duly authorized letter of Mr.Vinod Rai in favour of Bank, as Mr.Rai owed Rs. 500/- to the petitioner. However, after lapse of 11/2 years from the transaction, the said Mr.Rai lodged the complaint to the Bank and alleged that the petitioner has withdrawn an amount of Rs. 500/- from his account unauthorisedly.

(3.) On 03.09.1991, Mr.Vinod Rai wrote a letter for withdrawal of complaint dated 28.08.1991 addressed to the respondent Bank. Since there was no misconduct of the petitioner, therefore, the letter dated 03.09.1991 was accepted by the Bank. However, after 6 years from the complaint, inquiry was initiated against the petitioner by the respondent-Bank based on two articles of charges which are as under:-