KASHYAP S R Vs. CANARA BANK

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorari against the impugned order dated June 15, 1995 passed by the Deputy General Manager, Canara Bank, Lucknow, Annexure-30 to the writ petition by which the petitioner had been dismissed from service, and the appellate order dated July 17, 1996 passed by the General Manager (Personnel Wing), Canara Bank, Bangalore which has dismissed the petitioner's appeal against the dismissal order vide Annexure-32 to the writ petition. The petitioner has also prayed for quashing of the report dated October 14, 1994 Annexure-17 to the writ petition and has prayed for reinstatement in service with back wages.

(2.) Heard learned counsel for the parties.

(3.) The facts of the case are that the petitioner was initially appointed in Laxmi Commercial Bank, Delhi which was taken over by Canara Bank on August 29, 1985 and hence he became an employee of the Canara Bank which is a Government of India undertaking having its head office at Bangalore. While posted at Agra the petitioner received a letter dated May 18, 1990 Annexure-1 to the writ petition suspending him on charges of misconduct. Thereafter he received charge-sheet dated May 19, 1990 vide Annexure-2 to the writ petition. A perusal of the articles of charges contained in the charge-sheet shows that there are allegations against the petitioner of having misappropriated the proceeds of a cheque by fraudulently encashing it. It is also alleged that the petitioner tampered with the record to conceal the encashment of the said cheque. It is also alleged therein that the petitioner authorised the cash payment of the said cheque, although he had himself inspected and filled up the cheque on the very same day for transfer from S.B. Account No. 41673 to S.B. Account No. 47344 and was aware that the cheque was not meant for cash payment. It was alleged that the petitioner failed to perform his duty honestly and with integrity, devotion and diligence and thereby contravened Regulation 3(1) read with Regulation 34 of the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976. The details are given in the charge-sheet. It is alleged therein that an amount of Rs. 18,710 had been fraudulently withdrawn from the account of Sri N.K. Nayak on November 25, 1989 against the cheque which was given for crediting the said amount to the account of Sri A.M. Kadam.