JATIN DAS Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) This writ appeal is carried against judgment dated 19.4.2018 rendered in WP(C) 6528/2010 titled Jatin Das vs. The United Bank of India and 4 others. By virtue of the impugned judgment, the writ petition was dismissed.

(2.) Primarily the legal issue raised by the appellant/writ petitioner is that in the disciplinary proceedings which is subject matter of this case, the writ appellant has been found to be guilty and has been punished, whereas in the criminal case he has been acquitted. It has been pleaded that essentially the appellant was acquitted in the criminal case on the same charges, therefore, the appellant employee is entitled to exoneration in the disciplinary proceedings.

(3.) It appears that during the period of September, 2004 to May, 2007, the writ appellant/writ petitioner served as Deputy Manager in Doomdooma Branch of the Bank. There were allegations of misappropriation wherefor Doomdooma PS Case No.153/2008 was registered for committing offence under Section 409 IPC. The writ appellant was accused of preparing fraudulent debit vouchers and he gave credit to his own savings bank and over draft accounts. Additionally, allegedly the writ appellant fraudulently prepared demand drafts.