BOMBAY MERCANTILE COOPERATIVE BANK LTD. Vs. MOHAMMED SALEEM

JUDGEMENT

(1.) ON 1st November, 1972, the first Respondent joined the services of the Petitioner as a Clerk. The Petitioner is a Co -operative Bank, now deemed to be registered under the Multi State Cooperative Societies Act, 2002. The first Respondent is working as an Assistants Accountant at the Fort Branch of the Bank since 1992. A charge -sheet was issued to the 1st Respondent on 3rd October, 1992. Disciplinary proceedings were convened on a charge of negligence resulting in serious losses to the Bank, of committing an act prejudicial to the interest of the Bank and of conduct in breach of the rules of business of the bank governing the running of a department.

(2.) ON 5th September, 1992 a cheque book requisition slip, bearing Sr. Nos. 926811 to 926820, was presented against Savings Bank Account No.839 in the name of Mr. K.S. Shikari for the issuance of a new cheque book. The requisition slip was submitted to the Token Clerk for verification and was thereafter placed before the First Respondent. The First Respondent put his initials and stamped the cheque book requisition slip in token of having verified the signature appearing on the said slip with the specimen signature recorded with the bank. A cheque book bearing Cheque Nos.260691 to 260700 was issued to a person who had presented the requisition slip and who acknowledged receipt of the cheque book. It is alleged that the cheque book requisition slip bearing No.926811 to 926820 was fake and the signature which appeared on the requisition slip did not tally with the specimen signature on the record of the bank. Despite this the requisition slip was approved by the First Respondent. It is alleged in the charge -sheet that the requisition slip contained several discrepancies which showed that it was not genuine. These included the following : -

(3.) IN the meantime, the bank had initiated the promotion process for carrying out promotions to the Officers ' Grade and a merit list was displayed on 22nd January 1993. The merit list was displayed before a charge -sheet came to be issued to the First Respondent in the disciplinary proceedings on 3rd October, 1992. The bank did not promote the first respondent to the Officers ' cadre during the pendency of the disciplinary proceeding and thereafter having regard to the provisions of Settlement to which a reference will made in this judgment. The dispute raised by the Union on behalf of the First Respondent was taken into conciliation and eventually, the appropriate Government made a reference to adjudication. The reference was with regard to the punishment of the stoppage of one annual increment and with regard to the denial of promotion to the first Respondent.