NAND RAM Vs. STATE OF U. P

JUDGEMENT

(1.) Heard Sri A.K. Mehrotra, Advocate, for petitioner and Sri Shiv Nath Singh, Advocate, for respondents.

(2.) This writ petition has been filed challenging order dated 11.06.1997 passed by Managing Director, U.P. Cooperative Bank Ltd., Lucknow, Annexure-12 to the writ petition, whereby petitioner has been dismissed from service while working on the post of Cashier in U.P. Cooperative Bank, Moti Jheel Branch, Kanpur Nagar.

(3.) It is stated that while working on the said post, on 11.11.1994, petitioner was served with a letter of one Sri P.C. Agrawal, Inquiry Officer asking petitioner to explain as to whom he has made payment of Rs. 7000/- on 13.8.1994 and Rs. 2700/- from the saving account of Smt. Sangeeta Vaishya and a sum of Rs. 4,40,400/- through 32 cheques between the period from 8.2.1994 to 5.10.1994 from the account of Sri Pankaj Agnihotri and also explain as to whether he has obtained signature of the person withdrawing the amount in back of the cheques or not. On receipt of the said letter petitioner submitted reply on the same day to Inquiry Officer stating therein that all the payments have been made to Sri Jagdish Lal, Assistant Manager of Bank who has received the amount by appearing before treasury and some amount was received by him through token but every payment was made after the same was certified by competent authority. By the aforesaid reply petitioner has also stated about the mode of payment to the customers of Bank and further that some time in respect of important customers and persons known to officers, payment is also made through the officers. It is further stated that except aforesaid letter, neither any evidence of petitioner nor evidence of any one else was recorded. Some inquiry was conducted behind the back of petitioner and Inquiry Officer submitted preliminary report on 12.11.1994.