SHAMS NAWED Vs. VAISHALI KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) The writ application has been filed for quashing of the order dated 10.1.2003 (Annexure-5) passed by the Chairman-cum-Disciplinary Authority, Vaishali Kshetriya Gramin Bank by which a punishment has been imposed upon the Petitioner of degradation to one stage lower in the incremental scale for one year under Regulation 30(1)(c) of the Vaishali Kshetriya Gramin Bank (Staff) Service Regulation, 1980 and recovery of Rs. One Lakh from his monthly salary in 20 instalments of Rs. 5,000/- alongwith regular rate of interest in terms of Regulation 30(1)(d). The Petitioner further seeks quashing of the appellate order dated 28.11.2003 rejecting the appeal filed by the Petitioner as communicated by the Respondent No. 2 by his letter dated 23.1.2004 (Annexure-8/1) and also for return of the amount recovered.

(2.) The facts of this case lie within a narrow compass. The Petitioner was a Clerk-cum-Cashier in the Vaishali Kshetriya Gramin Bank (now merged with Uttar Bihar Gramin Bank) and posted at Sahebganj Branch in Muzaffarpur district. On 26.5.2001 the Petitioner was directed by the Branch Manager to bring cash amount of Rs. 1,00,000/- from the Central Bank, Sahebganj for which a Banker's cheque for the said amount was given to the Petitioner. The Petitioner claims to have objected stating that at least two persons be jointly deputed to bring the cash but he was compelled by the Branch Manager to go and bring the cash as no other person was available to go with him. It is the case of the Petitioner that after withdrawing the cash amount from the Central Bank he wrapped the same in a cloth bag and kept it in the dickey of the motorcycle. However, on finding that one of the tyres was deflated he took the motorcycle to a nearby puncture repairing shop. While the repair work was being carried out the Petitioner noticed that the dickey was open and the cash had been taken away, which fact he reported to the Branch Manager and FIR was lodged in the Police Station in which final report was submitted on 16.8.2002 with the finding that the case is true but no clue.

(3.) For the aforesaid incident departmental proceeding was initiated against the Petitioner and charge-sheet dated 17.8.2001 was also issued. After recounting the facts the following charges were recorded in the charge-sheet against the Petitioner: