S DHANASEKARAN Vs. ZONAL MANAGER APPELLATE AUTHORITY

JUDGEMENT

(1.) THE writ petition is to call for the records of the second respondent in his proceedings Ref. Pandir/d. O. II dated 14. 09. 1999 as confirmed by the first respondent in his proceedings No. Nil, dated 06. 01. 2000, and to quash the same, and consequently direct the respondents to reinstate the petitioner in service with all the consequential benefits.

(2.) THE petitioner was appointed as sub-staff in the Life Insurance Corporation of India on 23. 8. 1993. On 27. 2. 1998 he accompanied the Assistant Administrative Officer for depositing a sum of Rs. 1,86,095. 55/- in the Bank. When he was waiting in the queue for remitting the cash, the Assistant Administrative Officer went inside to collect some demand drafts. While so, two persons came inside the bank and informed him that a time bomb had been planted in the Bank, and therefore he left the bank premises. When he came out, those two persons kidnapped him in an auto rickshaw and forced him to take some drinks. He became totally unconscious when they took him to various places and at last stabbed him in the stomach and snatched away the money and thrown him on the road side. A passer by reported the matter to the police, and the police took him to Stanley Hospital, where he was treated as in-patient till 16. 3. 1998. While he was in the hospital he was placed under suspension on the complaint given by the Assistant Administrative Officer as if he had run away with cash; the complaint was given only on the next day. Even before the completion of investigation, admittedly, the departmental proceedings were initiated, charges were framed, enquiry was conducted, show cause notice was given and thereafter the petitioner was dismissed from service on 14. 9. 1999 and the Department ordered recovery of Rs. 1,86,095. 55/- from him. Against that, he filed a writ petition (WP No. 16738 of 1999), and the Court directed him to file an appeal before the appellate authority. Thereafter, an appeal was filed and that was rejected. Hence, the present writ petition.

(3.) A counter has been filed by the respondents in which it is stated that the Assistant Administrative Officer, who accompanied the petitioner, went inside to present a challan asking the petitioner to withstand in the queue for remitting the cash. When she returned, the petitioner was not found and the cashier informed her that no cash was remitted and when the Assistant Administrative Officer searched for him, the petitioner was not found there. She immediately reported the matter to the Chief Manager of the Bank and also to the Senior Branch manager over phone. The matter was reported to the Divisional Office-II, Chennai on the same day. The petitioner absconded with Rs. 1,86,095. 55/- entrusted to him. A complaint was registered under Section 409 IPC for the aforesaid offence. Thereafter, the departmental proceedings have been initiated, and the charges were framed against the petitioner, and after enquiry he was found guilty of the charges. After issuing the show cause notice, final orders were passed on 14. 9. 1999 dismissing the petitioner from service and also for recovery of the misappropriated amount. The appeal filed by the petitioner also was rejected. There is no illegality in the enquiry proceedings or any mala fides.