TAPAN KUMAR ROY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The petitioner was appointed as a Sub-Staff (Bank Peon), in C.B.O.-II in the Regional office in the year 1984, As a Bank peon his duty was to collect the cash from the cashier and deposit the same in the Company's Bank account. In 1992 he appeared before the Departmental Promotion Test and qualified for promotion to the post of Record Clerk. On 6.11.92 the petitioner was served with a charge sheet alleging misappropriation of fund. Itwas alleged that on 10.12.91,20.2.92,6.4.92 and 29.4.92 he did not deposit the entire amount and misappropriated Rs. 28,749/-. The Article of charges and statement of allegations which are at Annexure-I and n are quoted below:

(2.) On 13.11.92 the petitioner approached the authority with the prayer to allow him to see the official counterfoils and the bank's portion of the relevant pay-in-slips to enable him to submit his explanation. That is Annexure-B to the writ application That is quoted below:

(3.) I have heard Sri B.C. Das, learned Advocate for the petitioner and Sri S.K. Borkataky, learned Advocate for the Respondents.