H C MANIAR Vs. STATE BANK OF SAURASHTRA

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of compulsory retirement dated 2 8/03/1985, which is passed by way of punishment.

(2.) The petitioner has joined the respondent-bank as a Clerk in the year 1963 and, subsequently, he was promoted in October, 1978 as Officer Grade I. The petitioner was subjected to charge sheet dated 24.2.1980, at the time when he was serving as Assistant Accountant at the Jamnagar Branch of the Bank. As per the charge sheet, the petitioner was subjected to the following five charges :-

(3.) The petitioner, thereafter, gave his explanation. In his initial reply dated 6/10/1979, which is at page 22, at Annexure 'C' in the compilation, the petitioner has stated that it is not correct to say that he was in charge of bills, despatch and other sections and that he used to work on the table under direct control and supervision of the Branch Manager and Sub Manager. It is, therefore, stated by him that he cannot be held responsible for the lapses occurred in bills and despatch section. So far as the charge regarding three withdrawals is concerned, his explanation was that he was maintaining a joint savings bank account at Krishnanagar Branch of the Bank at Bhavnagar, with his three brothers, bearing account No.4542, and that he was assured by his brothers that they will keep sufficient balance in the account and that due to some unforeseen circumstances, his brothers could not manage to deposit the required fund in time and at the time of encashment, the petitioner was under the impression that sufficient funds are available to cover the aforesaid three withdrawals and, therefore, the said three withdrawals were made in good faith and without any bad motive. As stated above, the aforesaid explanation is produced at page 22.