BHARAT OVERSEAS BANK LTD Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The order of dismissal dated 19.7.1993, dismissing the second respondent -employee from service, having been set aside by the first respondent -appellate authority by exercising the powers conferred under Section 41(2) of the Tamil Nadu Shops and Establishments Act (hereinafter referred to as 'the Act'), by order dated 24.2.1997 in T.S.E.No.36 of 1995, the employer -bank has preferred the above writ petition, challenging the said order dated 24.2.1997.

(2.) The factual background, filtering out unnecessary details, is as follows: The second respondent (hereinafter referred to as employee) was working as an Accountant in the writ petitioner -bank (hereinafter referred to as the employer) Burra Bazar Branch at Calcutta from 23.5.1988 to 3.11.1990, and one Raghunath was the Manager of the said Branch during the period from 31.7.1989 to 22.10.1990. Alleging that the employee and Raghunath, Manager of the Bank, colluded and conspired with certain private parties and dishonestly misappropriated/defrauded the money of the bank on the pretext of granting advance/credit facilities to the customers and also caused heavy loss to the bank, a disciplinary action was initiated by the employer against the second respondent -employee as well as Raghunath, Manager of the Bank.

(3.) Mr.I.K.Lodi as Accountant of the branch signed the documents execution register in respect of the following accounts: a.Muli Devi Agarwal b.Jhunjhunwala Industries c.Ganpat Oil & Dall Mill d.Park Mount Timbers While doing so he failed and neglected to verify whether the securities and the documents specified therein were actually obtained or not. In the case of Park Mount Timbers, Mr.I.K.Lodi signed the documents execution Register on 23.4.90 as per the date shown therein while as a matter of fact he was on leave on that day. Charge No.1: Mr.I.K.Lodi acted in violation of Advances Circular No.68/89 dated 23.5.1989 by failing to report to the Head Office the huge amount of advances granted by Mr.K.Raghunath to