N NEDUNCHEZHIAN Vs. MANAGEMENT OF CANARA BANK

JUDGEMENT

(1.) Challenging the legality and propriety of the order passed in W.P. No. 6983 of 2000 dated April 25, 2000 rendered by the learned single Judge of this Court, this Appeal has been filed.

(2.) The present appellant was an officer Scale-1, in Kumbakonam Branch of the first respondent Bank and it was alleged that while he was working in Kumbakonam main branch between June 27, 1990 and June 19, 1996, he transferred a sum of Rs. 5,000/- from the Saving Bank's account No. 18784 of Mrs. P. Savithiri to his O.D. account without any authorisation from her. It is further stated that while the account holder, on July 10, 1996, came to the branch to withdraw a sum of Rs. 1,000/- from her account, she learnt that there were no sufficient funds in her account and that a sum of Rs. 5,000/- was debited from her account and immediately she brought it to the notice of the Manager. Thereafter, the first respondent authority nominated an officer to investigate the matter and the said investigation officer filed the investigation report on September 24, 1998, upon which charge was framed against the appellant, as above stated, describing the transaction as an unauthorised one and misconduct on his part.

(3.) The Enquiry Officer appointed by the first respondent bank held the Enquiry, by examining the account holder Mrs. P. Savithiri and concerned officials, who are connected with the transactions. After perusal of the statements adduced by the witnesses and the documents produced on their behalf, the enquiry officer came out with findings to the effect that the charge has been proved and the appellant herein had acted prejudicial to the interest of the bank, which is gross misconduct and that he acted in a manner unbecoming of a Bank Officer and acted without honesty, integrity, devotion and diligence.