(1.) Reserved on : 01.04.2016 Pronounced on : 04.05.2016 This writ petition has been filed for issuance of a writ of certiorarified mandamus to quash the Award, dated 30.12.2014, passed in I.D.No.8 of 2013, by the third respondent / Central Government Industrial Tribunal -cum -Labour Court (hereinafter referred to as the Labour Court ) and for a consequential direction to the respondents 1 and 2 to reinstate the petitioner in service in the respondent Bank with effect from 25.09.2010 with backwages and continuity of service.
(2.) The petitioner joined the service of the respondent Bank during 1995 as a Clerk -cum -Shroff and had been working in various places. When he was transferred and posted to Kambainallur Branch as a Single Window Operator from 03.03.2008, on an allegation that the petitioner unauthorizedly debited a sum of Rs.10,000/ - from the savings bank account of one Nagamani and committed misappropriation of customers' money, based on an alleged complaint given by the account -holder on 25.11.2008, he was placed under suspension by a communication, dated 08.07.2009, which was also a show -cause notice calling upon him to show -cause as to why disciplinary action should not be taken against him. The petitioner submitted his reply on 07.08.2009 and not being satisfied with the reply, a charge memo was issued on 28.10.2009.
(3.) The petitioner submitted his explanation, dated 11.11.2009, to the charge memo totally denying the charges. An Enquiry Officer was appointed, who submitted his findings, on 05.05.2010, holding the charges proved as against the petitioner. The copy of the enquiry report was communicated to the petitioner by the Disciplinary Authority calling upon him to show -cause as to why the findings should not be accepted. The petitioner submitted his reply, whereupon the Disciplinary Authority by communication, dated 19.08.2010, issued a show -cause notice calling upon the petitioner to show -cause as to why the punishment of dismissal from service should not be issued against him. The petitioner, submitted his reply, on 25.08.2010, and he was afforded an opportunity of personal hearing on 31.08.2010 and final orders were passed by the Disciplinary Authority, on 25.09.2010, dismissing the petitioner from service. The petitioner preferred an appeal before the Deputy General Manager / Appellate Authority on 25.10.2010, which was dismissed by the Appellate Authority by Order, dated 19.03.2011. Challenging the Order of dismissal from service, the petitioner raised the dispute before the third respondent / Labour Court.