CHANDRAKESH SHAHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner was initially appointed in the year 2004 as Clerk in the District Cooperative Bank Ltd., Gorakhpur. He was promoted to the post of Branch Manager in 2010. It appears that a chargesheet was served upon the petitioner on 18.6.2012, whereby he was charged of having fraudulently and illegally issued a loose cheque of Rs.3,60,000/- on 20.5.2011. The account holder to whom this cheque was alleged to be issued denied having received such amount and the petitioner ultimately returned this amount on 31.3.2012 through a deposit slip signed by Ram Kumar, who is said to have received this amount. The chargesheet was duly served and replied by the petitioner. In the reply petitioner admitted that he was the Branch Manager on 20.5.2011 and was authorized to issue the cheque. It is stated that upon a loose cheque a sum of Rs.3,60,000/- was paid to one Ram Kumar, who did not return the amount. In para 7 he has stated that after correct facts were placed, the concern account holder Dilip Kumar Singh returned the amount of Rs.3,60,000/-, and that there is no illegality on part of the petitioner. The enquiry officer found the charges to be proved, and consequently a punishment order has been passed awarding following punishments to petitioner on 21.9.2012:-

(2.) Learned counsel for the petitioner submits that no enquiry whatsoever has been conducted in the matter against petitioner, and that the punishment order is unsustainable. It is also submitted that under regulations only one punishment would be permissible, and that multiple punishment imposed is inconsistent with the applicable service rules.

(3.) A counter affidavit has been filed denying the allegations made in the writ petition, to which a rejoinder affidavit has also been filed.