PRATIBHA ASHOK SALVEKAR Vs. ALLAHABAD BANK

JUDGEMENT

(1.) By an order dated 8th July 2013, the parties were put to notice that the petition may be disposed of finally at the admission stage itself. Hence rule. Respondents waive service. By consent of the parties, rule made returnable forthwith and taken up for final hearing.

(2.) The petitioner is 62 years old and retired from the 1st respondent-Bank on 30th April 2011. Two days before her retirement an order was issued by the respondents informing her that the disciplinary proceedings which had been pending against her for over 14 years, will continue even after retirement from service because of which her retirement benefits have been stopped. The background of this 'disciplinary proceedings' has to be looked into to decide this petition.

(3.) On or about 22nd March 1974, the petitioner joined the service of the first respondent-Bank as a Clerk. On or about 5th September 1983 the petitioner was promoted as an officer in JMG-Scale-I and on 1st January 2004 was promoted to JMG Scale-II officer. In the meanwhile, sometime in 1995, the petitioner was transferred as officer to the Andheri (West) branch of the respondent No.1. During this tenure at the Andheri (West) branch the petitioner was required to hold temporary charge of the branch when the Branch Manager was out of the branch temporarily. In the course of holding charge, the petitioner was required to pass cheques issued by customers after verification of the necessary details. During the petitioner's tenure as an officer in JMG, Scale-I in the Andheri (West) branch, a current account was opened in the name of one "Pratibha Pratishthan". This account was opened on or about 28th September 1995 and the permission to open the account was granted by the then Branch Manager one H.C.Srivastava. As an officer, the petitioner was not concerned with the opening of account as the same was not within the purview of her duty. It was the sole prerogative of the Branch manager. The petitioner was also not aware of any alleged irregularity in the opening of the account in the name of "Pratibha Pratishthan". On or about November 1995, when the Branch Manager was not available in the branch and the petitioner was holding charge, two high value cheques of the said Pratibha Pratishthan were presented. The petitioner after verifying the signatures on the two cheques presented with the signature card, passed the said cheques in the usual course of business.