SUNIL BABURAO MORE Vs. BANK OF BARODA

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has challenged the order dated 22.11.2005 dismissing the petitioner from service. By subsequent amendment, the petitioner has also prayed for quashing and setting aside the order dated 29.09.2004.

(2.) The brief facts of the case are that : the petitioner was working as Cashier?cum?Clerk, Kosamba Branch, Surat, at the relevant point of time. On 22.09.2001 one Mrs.Sharifa Mohmmed Bholat wrote a letter to the Regional Manager, Bank of Baroda, Surat, wherein she has stated that she is having a joint Savings A/c. No.017447 since 1995 with Kosamba Branch of Bank of Baroda. She has further stated that on 23.08.2001 an amount of Rs.45,000/? was misappropriated vide Cheque No.752186. She came to know about the said fact on 19.09.2001, when she had gone to withdraw money from her account and, therefore, an oral complaint was made before the Branch Manager and since nothing was done, she filed a written complaint. Pursuant to the said complaint, on 13.12.2001, the Senior Branch Manager wrote a letter to the Regional Manager along with the signatures of four staff members wherein it was mentioned that the petitioner has made confession in presence of them.

(3.) On 09.01.2002 a show cause notice was issued to the petitioner wherein it was mentioned that the petitioner had misappropriated amount of Rs.45,000/? by forging the signature of the account holder, through one Mr. Salim Patel. Petitioner wrote a letter dated 17.01.2002 and requested to grant him time to file his reply to the show cause notice dated 09.01.2002. On 30.01.2002 the petitioner gave a reply to the said show cause notice and thereby denied the allegation made in the show cause notice as well as the facts regarding confessional statement referred to in the said show cause notice was also denied.