K S PADMA RAO Vs. GENERAL MANAGER PERSONAL

JUDGEMENT

(1.) This case demonstrates as to how an employee of a bank in the lowest cadre was implicated for cash irregularities committed at the managerial level and the perverse manner in which the departmental proceedings were initiated and concluded against him.

(2.) The Petitioner was appointed as a Peon in the Union Bank of India in the year 1976. He was working as Daftary, since 1996. In 2001, he was working in the SSI branch of the bank at Ameerpet. He was served with a charge sheet on 01.10.2001. It was stated that on 21.08.2001, cash shortage of Rs. 50,000/- in the branch was noticed, and the efforts of the branch officials to locate the shortage were of no avail. It was mentioned that the Petitioner left the branch at 4.15 p.m. with the permission of the officer in the branch stating that he has to visit his uncle, who is undergoing treatment in a hospital. The allegation against the Petitioner was that on 27.08.2001, he cleared debts of Rs. 24,500/-and that in further enquiry by the bank officials, he confessed that he embezzled Rs. 50,000/- from the safe and accordingly issued a confession letter.

(3.) The Petitioner submitted explanation stating that on 21.08.2001, all the officials of the bank came on time, but the cashier by name Jayaraj, came at 11.30 a.m. It was stated that a serious verbal exchange took place between the Branch Manager and the Cashier and after taking the second key from the cashier, the branch manager asked the latter, to apply for leave and go out. The Petitioner has also stated that the branch manager operated both the keys, he accompanied him to the cash chest, and the cash, in a locked box was brought to the chamber of the manager, duly locking the chest. He narrated that the cashier did not leave the place and the branch manager went out at around 3.00 p.m., handing over both the keys to the cashier, after physical verification of the cash. According to him, he did not enter the cash room, after the keys were handed over to the cashier, and that he left the branch at 4.15 p.m., duly obtaining the permission from the officials. He has also drawn the instances of the cash irregularities committed by various officials in the immediate post, including one instance by the cashier himself. He stated that on 27.08.2001, he was taken into a room and a letter was obtained from by different officials of the banks, through coercion.