BASISTHA MUNI MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed challenging the Award, dtd. 19/7/2016 passed by Industrial Tribunal-cum-Labour Court, Kanpur in Industrial Dispute No.49 of 2006, between Bashishtha Muni Mishra and the Deputy General Manager, State Bank of India. Further orders under challenge are dtd. 26/10/2004 & 19/1/2005 respectively passed by the Assistant General Manager and Deputy General Manager. By the said orders, the Petitioner was respectively dismissed from service and his departmental Appeal was dismissed. Further prayer has been made to issue a direction for reinstatement of the Petitioner in service with all consequential benefits including arrears of Salary from the date of Order of Suspension.

(2.) The facts as culled out from the Writ Petition are that the Petitioner was appointed as a Messenger-cum-Water Boy in the Respondent-Bank on 17/2/1979 and was later on promoted as Daftary. Lastly, he was posted at Johnstonganj Branch, Allahabad. It is pleaded that services of the Petitioner were governed by Memorandum of Settlement, dtd. 19/10/1966 containing the provisions of Disciplinary action and procedure therefor. On 12/3/1999, a new Saving Bank Account No.01190022061 was allowed to be opened in the branch concerned in the name of one Smt. Prema Devi by accepting the reference of one Smt. Maina Devi, the depositor of Saving Bank Account No.58901. The account was opened after completion of necessary formalities and due verification by the Bank authorities. On 13/3/1999, Smt. Prema Devi, the depositor of newly opened Account No.01190022061, deposited a Cheque, dtd. 16/7/1999 of Rs.67,050.00 issued by the Life Insurance Corporation of India in her favour, which was collected by the Bank through legal officer clearing and crediting the same in the account against which a withdrawal of Rs.65,000.00was done by Smt. Prema Devi on 18/8/1999, which was allowed by the concerned official of the bank. Later on, it stood revealed that Cheque in question belonged to some other Prema Devi and Smt. Prema Devi whose Saving Account No.01190022061 was allowed to be opened was not a genuine lady and her incorrect particulars were given. Concerning the said issue, the Branch Manager of Life Insurance Corporation of India, City Branch, Allahabad informed the Police Station, Kotwali, Allahabad and pursuant thereto, a First Information Report was registered as Case Crime No.394 of 1999, under Sec. 419/420, I.P.C. After completion of investigation, a Charge-sheet was submitted by the Investigating Agency before the Court on the basis whereof, Criminal Case No.1744 of 2000 was registered against the Petitioner and one Rajendra Kumar Dwivedi, within a period of less than six months from the date of registration of First Information Report. It is further pleaded that the Petitioner was arrested by the police on 15/2/2000 but was subsequently bailed out. He was suspended by the Bank and, ultimately, acquitted by the Chief Judicial Magistrate, Allahabad under the Judgment and Order, dtd. 15/10/2009, which has attained finality.

(3.) In so far as the departmental proceedings are concerned, it is pleaded that the departmental Charge-sheet was issued to the Petitioner on 18/2/2002, the inquiry was cursorily concluded in terms of an Inquiry Report, dtd. 26/9/2002 in which Charges Nos.1 & 3 were found to be proved and charge No.2 as partly proved. It is further pleaded that based upon the Inquiry Report, the Disciplinary Authority took a provisional decision of dismissal of the Petitioner on 22/9/2004 under Paragraph 6(a) of the Memorandum of Settlement, dtd. 10/4/2002 and called upon the Petitioner to show cause against the said penalty. Further pleading is to the effect that prior to issuance of provisional Order, dtd. 22/9/2004, no copy of the Inquiry Report was supplied to the Petitioner nor was he provided any opportunity to object the same.