(1.) On 28th December, 1970, at about 11.00 a.m., theft of steel cash box containing Rs. 19,143.70 ps. had taken place at the local Head Office of the State Bank of India, Bhadra Branch, at Ahmedabad. The appellant, who is the original plaintiff, and one Mr.V.H. Shah were working as cashiers-cum-co-tellers in the said branch of State Bank of India. The plaintiff was working as payment cashier ad Mr. Shah was working as receiving cashier at the relevant time.
(2.) The incident of theft was reported by the plaintiff and co-teller Mr. Shah to the Chief Cashier. The warning of emergency bell installed in the branch was also sounded. The doors of the bank's branch were closed and search was made. Unfortunately, the heavy steel cash box containing the aforesaid cash amount could not be traced and found. The plaintiff and his co-teller were found negligent and on account of their negligence, the order was passed requiring the plaintiff and the co-teller Mr. Shah to pay half the share of stolen cash amount of Rs. 19,143.70 ps. The order was passed on 17th June, 1971. The plaintiff had also paid an amount of Rs. 4500/- pursuant to the order passed against him.
(3.) The appellant who is the original plaintiff, thereafter, instituted Civil Suit No. 1758/71 against the respondent original defendant, State Bank of India, for declaration and injunction. The plaintiff sought declaration that he is not responsible for payment of the amount imposed by the aforesaid order. Thus, the declaration is sought that the plaintiff is not responsible as there was no negligence on his part for the alleged incident of theft. He also prayed for injunction restraining the defendant Bank or its agents from recovering any amount from the plaintiff for the incident for theft which occurred, on 28th December, 1970. The plaintiff also further sought the relief for a decree of an amount of Rs. 4500/- from the defendant Bank, as according to him, the Bank had illegally recovered the said amount from him.