R P SINGH Vs. UCO BANK

JUDGEMENT

(1.) Heard Sri S.P.Singh, learned counsel for the petitioner and Sri Avdhesh Shukla, learned counsel appearing for the opposite parties.

(2.) The petitioner has challenged the termination order dated 31.03.1999 and the appellate order dated 30.06.1999 upholding the order of termination.

(3.) As per the averments made in the Writ Petition, the petitioner was initially appointed on the post of Peon with the opposite parties in the year 1980 and was subsequently promoted on the post of Clerk/Cashier in the year 1987. On 02.06.1996, the petitioner was placed under suspension and first information report was lodged against the petitioner and the Branch Manger, Sri C.J. Nagar stating that they were withdrawing money from some accounts fraudulently by way of forged signatures of the customers. The said first information report was registered as Case Crime No.408 of 1996 in which final report was submitted on 28.12.1997 and was thereafter accepted by the Court which became final. In the meantime, the petitioner was served with a charge-sheet dated 24.12.1996 bearing six charges against the petitioner to which the petitioner submitted his reply. Similarly, another charge sheet dated 14.12.1996 was served upon Sri Nagar. Separate enquiries were conducted against Sri Nagar and the petitioner which culminated in finding both the said employees guilty of the charges levelled against them. In the case of the petitioner, by means of the punishment order, the services were terminated while in the case of Sri Nagar, the punishment of compulsory retirement was imposed without any adverse effect on his service benefits. The petitioner has, therefore, challenged the order of termination as well as the appellate order on the ground of discrimination. Lacuna in the enquiry proceedings have also been challenged by the petitioner.