P RAVIKUMAR Vs. DEPUTY GENERAL MANAGER

JUDGEMENT

(1.) THE prayer in the Writ Petition is for issuance of Writ of Mandamus to forbear the respondents-Bank from conducting the disciplinary proceedings, pursuant to the proceedings commenced by a charge memo dated 19.02.2008, till the disposal of the Criminal Case in C.C.No.264 of 2008, pending on the file of the Judicial Magistrate, Bhavani.

(2.) THE facts which are necessary for the disposal of the Writ Petition are that the petitioner joined the service of the respondents-Bank as a Messenger, during the year 1992 and thereafter, promoted to the post of Cashier during the year 2004. Whileso, by an order dated 23.07.2007, the petitioner was placed under suspension on the ground that the disciplinary proceedings are contemplated against the petitioner and pending issuance of the charge sheet. Subsequently, a criminal complaint was also lodged against the petitioner in C.C.No.12 of 2007, on the file of the Judicial Magistrate, Bhavani, for the alleged offence punishable under Section 409 of Indian Penal Code (for short "I.P.C."). THE departmental charge memo was issued to the petitioner on 19.02.2008, containing the following imputations:- "On 16.07.2007, while working as Cashier at Poonachi Branch, you had arrived the closing cash balance as Rs.10,70,932/- ( hand balance Rs.31,392/- and Vault Balance Rs.10,39,000/-) whereas, while checking the closing cash, the Branch Manager, Shri T.Rajendran, found that the actual closing cash was only Rs.711432/- ( Vault Balance RS.6,79,000/- and Hand Balance Rs.31932/-). You had stealthily removed seven sections of Rs.500/- denomination and 19 pieces of Rs.500/- denomination (totally, 719 pieces of Rs.500/- denomination) aggregating to Rs.35,9500/ and misappropriated the same. On 16.07.2007, the cash was closed by debiting suspense account for Rs.3,59,500/- "

(3.) THIS Court, on 10.11.2008, while ordering notice to the respondents returnable in two weeks, directed the respondents-Bank to maintain status-quo in respect of the disciplinary proceedings. In view of the interim order granted by this Court, the disciplinary proceedings have remained stayed.