DESH BANDHU PALLAN Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) This is a petition for quashing order dated 5/14 November, 1998 (Annexure P-15) passed by the Deputy General Manager, Oriental Bank of Commerce-respondent No. 3 with a further prayer to reinstate the petitioner with effect from the date of suspension i.e. 28.9.1984 alongwith all consequential benefits.

(2.) The facts necessary for deciding the writ petition are that the petitioner was appointed as Cashier-cum-Godown Keeper in January 1980 in Oriental Commercial Bank (hereinafter referred to as 'the Bank'). While working as Cashier-cum-Godown Keeper in Sarabha Nagar, Ludhiana branch of the Bank, on the report of the Branch Manager a case under Sections 409/379 IPC was got registered against him at Sarabha Nagar Police Station, Ludhiana, alleging therein that there is shortage of Rs. 2,06,000/- in the cash and the petitioner had been absconding since the day shortage was noticed. Copy of the FIR is Annexure P-1. On 28.9.1984, the petitioner was placed under suspension.

(3.) The petitioner at the close of the trial under Section 409 IPC was acquitted by the Judicial Magistrate Ist Class on 18.9.1996 vide judgment Annexure P-2. The respondent-bank did not prefer any appeal against the order of acquittal.