AMARESH NARAYAN CHOWDHURY Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) THE writ petition filed by the appellant challenging the penalty of removal from service having been rejected by the learned Single Judge by order dated 8. 2. 2006 the present appeal has been filed.

(2.) THE facts that will be required to be recited for the purpose of the present adjudication may now be briefly noticed.

(3.) IT will be appropriate, at this stage, to notice the charges levelled against the appellant along with the explanation submitted by the appellant in respect of the same. "charge No. 1 On 10. 10. 95, you had given effect to a Cheque for Rs. 7,00,115/- drawn on State Bank of India, Guwahati Branch, by crediting the said amount to S. B. A/c No. 4439 of Shri Raj Kumar Das, who is also holder of one C. D. A/c No. 756 with your Branch after debiting Clearing Adjustment A/c and by signing the relative vouchers singly. But the said Cheque for Rs. 7,00,115 was not sent for collection through clearing on any date before 12. 12. 95 though the effect of the said Cheque was allowed to be withdrawn by the Account holder on 10. 10. 95. The said Cheque, was, however, sent for collection through clearing on 12. 12. 95 which was again returned and ultimately it ws relodged and realized on 15. 12. 95. Thus, with an ulterior motive, you had extended undue favour to the Account holder of S. B. A/c No. 4439 and in gross violation of Bank's rules and procedure, you allowed him to enjoy the Bank's funds thereby jeopardizing the interest of the Bank and for your such unauthorized act, the Bank remained out of fund for more than 2 months for the said amount. Explanation offered by the petitioner in respect of Charge No. 1 The said cheque was left lying in the drawer of the Deputy Manager Shri N. Baishya. This was admitted by Shri N. Baishya himself as MW 1. Further, the petitioner was not the custodian of the cheque. 3 Charge No. 2.