BIREN BORA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 6.2.2004 made in WP(C) No. 972/2003 by a learned Single Judge of this Court whereunder the writ petition filed by the appellant/petitioner challenging his order of removal from service has been dismissed.

(2.) In order to consider as to whether the judgment and order under appeal suffers from any infirmities requiring our interference, few relevant facts may have to be noticed. Factual Matrix:

(3.) The appellant while serving as Cashcum-General Clerk at Dhekial Branch of United Bank of India has been served with a memorandum of charges whereunder certain serious allegations of misconduct have been levelled against him. The memorandum of charges and allegations levelled against the appellant are as under: "You were working as Cash-cum-General Clerk at Bank's Dhekial 06.04.1998, you had fraudulently credited a sum of Rs. 1,00,000.00 to your S.B. Account No. 600 with Dhekial Branch as "by HBL" in connivance with Shri Binay Barman Sangma, Manager of the Branch who authenticated the said entry. You have also entered an identically amount of Rs. 1,00,000.00 in the Day's sub-cash book under the head "Demand Loan" without creating any corresponding Loan Account, to suppress your above fraudulent entry, in branch Day's Accounts, for you personal gain and purpose. You withdrew and misappropriated the said amount on different dates for your personal gains and purposes. 3. In 04.05.1998, you fraudulently credited a sum of Rs. 50,000.00 to your S.B. Account No. 600 with Dhekial Branch as "by HBL" through a voucher prepared by you and signed by Shri Binay Barman Sangma, manager. You have also entered an identical amount of Rs. 50,000.00 in the Day's sub-cash book under the head "Demand Loan" without creating any corresponding Loan Account, to suppress your above fraudulent entry, for your personal gain and purpose, you withdrew and misappropriated the said amount on different dates for your personal gains and purposes.