LAWS(BOM)-2011-9-18

BALAJI DIGAMBARRAO KOTGIRE Vs. ENQUIRY AUTHORITY CHIEF MANAGER

Decided On September 07, 2011
BALAJI DIGAMBARRAO KOTGIRE Appellant
V/S
ENQUIRY AUTHORITY/CHIEF MANAGER, DISCIPLINARY ACTION DEPARTMENT Respondents

JUDGEMENT

(1.) Heard. By this petition, the Petitioner has prayed for to quash and set aside the Award, Inquiry report dated 5.11.2004 passed by the Respondent no.1 Enquiry Authority, Chief Manager, Disciplinary Action Department, Oriental Bank of Commerce, New Delhi and the removal order dated 22.12.2004 passed by respondent no.3/Disciplinary authority, Deputy General Manager (Personnel), the order passed in appeal which was rejected by Respondent no. 4/Appellate Authority, General Manager (Personnel) on 14.02.2005, the order in Review application passed by the Respondent no 5, Reviewing authority, Executive Director on 9.05.2005. He has further prayed for to direction to the respondents for reinstatement of the Petitioner with full back wages, arrears and continuity of service with all ancillary benefits .

(2.) The facts in nutshell are thus: -

(3.) The Petitioner avers that, by statement dated 15.1.1998, Shri Bhagwan Bhakre stated that he had borrowed sum of Rs 21,000/- from the Petitioner and alleged that when he started disbursing the amounts to the customers, one of his colleagues expressed suspicion before him that notes in the denomination of Rs 100/- might be forged. Shri Bhakre had attributed to the Petitioner that he gave a note in the denomination of Rs 100/- to the Sister of Shri Bhende while she was hospitalized to meet her expenses. Statement of Shri Anand Bhende was also recorded, in which he stated that the Petitioner had given a sum of Rs. 5500/- in presence of the Armed Guard Mahadev. Out of that amount, Mahadev was paid a sum of Rs. 500/-, for which the Armed guard Mahadev gave a Cheque drawn in favour of the Petitioner for Rs.500/-. The Petitioner has disputed genuineness of the statement made against him.