SHYAM BAHADUR Vs. BANK OF BARODA

JUDGEMENT

(1.) Heard Sri Rakesh Pandey for petitioner. No one appears for respondents. On March 18, 2004, the Court had clarified that no further adjournment shall be granted to the respondents. The matter was, as such, heard in the absence of counsel for the respondents.

(2.) The petitioner has prayed for quashing the order dated May 26, 1990 proposing to award a punishment to dismiss the petitioner from service, under clause 19.6(a) of the Bipartite settlement, by the Disciplinary Authority/Regional Manager, Shahjehanpur, U.P., and an order dated August 18, 1990 passed by the same authority imposing the punishment of dismissal without notice. An appeal lies against the order, but since the matter is pending for the last 14 years, the Court accepted the request of the counsel for the petitioner to decide the matter finally without relegating the petitioner to the alternative remedy.

(3.) The petitioner Shyam Bahadur (E.C. 14568), was posted as subordinate staff (Daftari) in Bank of Baroda at Shahjehanpur. A charge sheet dated January 14, 1985, and an addendum dated January 16, 1985, was given to him by the disciplinary authority alleging that the petitioner had mis-appropriated the amounts received from customers of the Bank for depositing in their accounts, made false and unauthorised entries in the passbooks of the parties with a view to cheat them, and for stealing blank leaves of (sic) fixed deposit receipts and wrongly using them with a view to cheat the customers and the bank; and made fraudulent withdrawals from the accounts of parties. The petitioner was charged with committing fraud, misuse of bank property, acting beyond the scope of his authority, misuse of his position as bank employee, to commit acts detrimental (sic) to the interest of the bank, resulting in wrongful gain to himself and wrongful loss to the Bank.