LAWS(MAD)-2018-1-323

A THANGAVELU Vs. PRESIDING OFFICER

Decided On January 25, 2018
A Thangavelu Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) The petitioner has approached this Court, seeking the following relief:

(2.) The petitioner was working in the second respondent bank as Assistant (Accounts & Cash). According to the petitioner, he rendered unblemished service through out his career. While he was working as Assistant in Ganesapuram Branch of 2nd respondent bank, he was placed under suspension by order dated 23.10.200 Thereafter, a charge memorandum was issued on 18.11.2002, framing two articles of charges. In response to the charge memorandum, an explanation was given by the petitioner dated 10.12002, denying the charges. However, not satisfied with the explanation, an enquiry was ordered and the petitioner participated in the enquiry. The enquiry report was submitted holding the charges proved against petitioner and on the basis of the said report, after affording an opportunity to the petitioner, a show cause notice was issued by the Disciplinary Authority on 10.11.2003 proposing the penalty of removal from service with superannuation benefits. Thereafter, final order of punishment removing the petitioner from service was passed, against which, an appeal was preferred on 9.2004, which came to be rejected by the proceedings dated 16.6.2004 by the appellate authority.

(3.) The first charge framed against the petitioner was relating to change of credit voucher on 9.10.2002 pertaining to one customer, Mr.Natarajan, bearing A/c.No.9/1605, which, according to the petitioner, by mistake amount was credited into the account of one Mr.Balasubramanian, A/c.No.1/20 and thereby, the petitioner defrauded the amount. The second charge was that the petitioner was in the habit of borrowing money from the customers of the Branch. According to the explanation of the petitioner, the entry was made mistakenly without any intention to defraud the amount and that he had not borrowed the money from the customers of the bank.