DEVENDRA KUMAR JOIN Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) This Writ Appeal has been filed by the appellant against the order dated 08-12-2009 passed in Writ Petition No. 2150/2004. During pendency of appeal, the employee Mr. Devendra Kumar Jain died and his Legal Representative wife has been brought on record. The appellant (deceased) employee was appointed as Assistant Cashier-cum-Godown Keeper in June, 1967. He was promoted to the post of Head Cashier in June, 1974. He was further promoted to the 'post of Chief Cashier of Officer Grade on 10.1.1976. He was given benefit of scale promotion of Chief Cashier of Officer Grade-E. In the year 1982, he was also again accorded benefit of scale promotion of Chief Cashier of Officer Grade D.

(2.) When the deceased employee was posted United Commercial Bank, Branch at High Court Road, Gwalior as Chief Cashier, on 5.3.2008 during the course of process of cash remittance, a shortage of cash of Rs. 1.00 lac was detected in the currency chest, which was confirmed on 8th March, 1983. The deceased employee informed the same to the higher officers. It was found that the balance in the currency chest must be Rs. 2,26,37,000, however, it was Rs. 2,25,37,000. The deceased-employee Mr. Jain was holding the charge of currency chest as first custodian and the Manager of the Bank was holding the charge of second custodian. The deceased employee was suspended and charge-sheeted. A criminal case was also registered against him and the Manager. The Manager and Mr. Jain were acquitted in the criminal case. Following three charges were levelled against the deceased employee Mr. Jain.

(3.) The enquiry officer had found charge No. 1 not proved and charges Nos. 2 and 3 partially proved in the enquiry. The following findings were recorded by the enquiry officer in the enquiry report: