BRAHMANAND AGARWAL Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) D. C. Srivastava, J. This appeal, with the consent of the learned counsel for the appellant and the respondent, is being finally disposed of at the admission stage.

(2.) LEARNED counsel for the parties agreed that there is no necessity to summon the record of lower court.

(3.) THE suit was resisted by the respondent denying the above allega tions. It was pleaded that the embezzlement of more than rupees two lacs by the appellant was detected, between the period 13-3- 1978 to 24-6-1984. Departmental proceeding was conducted. Sri A. P. Arora was appointed enquiry officer by the Disciplinary Authority. THE appellant did not appear before the enquiry officer and did not participate in the enquiry on any date despite several opportunities were given to him. THE enquiry was, there fore, concluded ex parte and on the basis of the enquiry report the order of dismissal was passed. THE appellant himself made confession that he had fraudulently withdrawn a sum of Rs. 1,30,000 by debiting different P and L Accounts such as interest on M. M. D. C. etc. and deposited Rs. 1,30,000 in the Bank towards part of the adjustment of the embezzled amount withdrawn by him by making fraudulent entries and the appellant had further assured the bank in the same letter that if any other entry comes to light and the amount is found to have been unauthorisedly withdrawn by him, he will make good the loss caused to deposited a sum of Rs. 1,30,000 in the bank, hence dismissal order is perfectly valid.