DEPUTY GENERAL MANAGER, STATE BANK OF INDIA Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ORS.

JUDGEMENT

(1.) Challenging the award dated 14.12.2009 in I.D.No.20 of 2007, the Management/State Bank of India has filed W.P.No.6644 of 2010 and the employee has filed W.P.No.6651 of 2011.

(2.) The Management of the State Bank of India has challenged the award with reference to the relief of reinstatement granted in favour of the employee. The employee has filed the writ petition challenging the denial of backwages and prayed for grant of backwages.

(3.) The employee/Thiru.J.Rajagopalan was working as Assistant General Manager(Admin) of State Bank of India at Tiruchirappalli. On account of allegation of grave misconduct, the employee was placed under suspension on 24.02.2003, pending initiation of regular departmental proceedings. The charge memo dated 25.02.2004 was issued in terms of clause 5(j) of the Memorandum of Settlement dated 10.04.2002, alleging that the employee, on 24.02.2002, took back one cover containing 5 short credits (SC) lodged in the account of Thiru.S Ayoob and addressed to the Service Branch, Mumbai as per list 'A' from Mr.R.Natarajan, courier representative, in March 2002, to return to him the envelopes addressed to the Service Branch, Mumbai as per list "B" containing SC's lodged on various dates on account of Thiru.S Ayoob, current account holder thereby, colluding with S Ayoob who has defrauded the Bank to the tune of Rs. 10,98,600/- and caused loss to the Bank to the extent of Rs. 1,08,07,599/-. It was alleged in charge No.3 that the second respondent on 18.05.2002, accepted a dinner hosted by S Ayoob at Hotel Royal Southern, Tiruchi.