ANURAG KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 31.3.2006 passed by the Assistant General Manager, Bank of Baroda, Regional Office (Agra Region) in exercise of power under Section 12 (c) of "Memorandum of Settlement dated 10th April, 2002 on Disciplinary Action and Procedure" against the petitioner.

(2.) Briefly stated the facts of the case are that a chargesheet dated 9.2.2005 was issued to the petitioner wherein it was alleged that on 23.12.2000 the petitioner purchased two demand drafts of Rs.25,000/- each bearing No. NK 330838 and N.K. 330839 drawn on Saharanpur Branch from the Begum Bridge Branch, Meerut in favour of one Sri Dinesh Chandra while posted at the Bank's Modinagar Branch. The DDs are stated to have been paid by the Saharanpur (M) Branch through clearing to Vijaya Bank for crediting the payee account. It was further alleged that the petitioner misrepresented the Begum Bridge Branch that the said DDs Purchased on 23.12.2000 had been lost in transit and requested for cancellation for the same and, thereafter, he requested the Begum Bridge Branch to pay the proceeds by issuing two DDs of Rs.25,000/- each in favour of the petitioner payable at Modinagar Branch. It was also alleged that the petitioner executed an indemnity bond duly witnessed by Sri M.M.Jindal and Sri A.D.Sharma, staff of the Modinagar Branch and the proceeds of the DDs dated 2.11.2001 were credited to the account of the petitioner at Modinagar Branch.

(3.) The allegation is that thus the petitioner fraudulently obtained payment of Rs.50,000/- of the DDs no.N.K.330838 and N.K.330839, which had already been paid.