HARBANS LAL Vs. BANK OF INDIA AND OTHERS

JUDGEMENT

(1.) The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 18.02.2010 rendered by the learned Single Judge holding that the appellant has been rightly dismissed from service as he is found guilty of embezzlement and misappropriation in a regular departmental inquiry. A detailed reference has been made to the inquiry report. The fact that a copy of the inquiry report was not served on the appellant has also been taken into account by the learned Single Judge. It has come on record that the appellant was served with a charge-sheet dated 10.02.1992 (Annexure P-1). He has admitted his guilt in a written communication dated 16.09.1991 sent to the Chief Manager, Bank of India, Hall Bazar, Amritsar (Annexure P-2). There is a categorical confession and admission made in that communication. It would be profitable to read the communication which reads as under:-

(2.) The bank did not feel content with his confession and served upon him statement of allegations and charge-sheet, then a regular departmental inquiry was conducted and he was found guilty of all the charges. The findings are well based and are supported by evidence in addition to confessional statement. There is ample supporting evidence in addition to confession of the appellant to sustain all the three charges and the supplementary charge.

(3.) The controversy which has arisen in this case is based on a show cause notice for proposed punishment (Annexure P-4). It has been urged that no notice was given inviting comments on the findings recorded by the Inquiry Officer nor a copy of the inquiry report was furnished. The form of notice is not in accordance with the requirement of rules. However, the punishment of dismissal has been imposed which was upheld by the learned Single Judge.