SHAILENDRA KUMAR UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Srivastava, J. The applicant was posted as clerk-cum- cashier in District Co-operative Bank Kasganj District Etah. He lodged F. I. R. regarding loot committed in the Bank but during the investigation allegation made in the F. I. R. were found false. During course of investigation it was found that the applicant alongwith co- accused Abdul Mannan Manager of the said Bank in collusion with each other embezzled Rs. 22,46,676/ -. The Bank authority had made enquiry and the enquiry report shows that Rs. 23,46,676/- have been embezzled by the accused persons and there is possibility to detect more embezzlement. It has been informed that co-accused Abdul Mannan has not yet surrendered.

(2.) LEARNED Counsel for the applicant has argued that the first amount of embezzlement as per report of enquiry Annexure-II of counter-affidavit of Karam Singh does not relate to him as he was not posted in the Bank on the date of embezzlement i. e. 1-2-2005. He has further argued that all the documents are in the handwriting of co-accused Abdul Mannan. Therefore, the applicant cannot be held liable.