ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel for the National Central Cooperative Bank Limited, Bettiah(hereinafter referred to as the Bank).

(2.) Petitioner at the relevant time served as clerk-cum-cashier in the Chanpatia branch of the Bank. He is aggrieved by the order dated 26.5.1994 passed by the Managing Director of the bank contained in Anneuxre-5 to this application, whereunder he has been dismissed from service on the charge that he defalcated a sum of Rs.2,95,485-14/-.

(3.) It is submitted on behalf of the petitioner that for similar charge of defalcation First Information Report bearing Chanpatia P.S. Case No.130 of 1990 dated 17.11.1990, Annexure-2 was registered. After completion of investigation in the said criminal case charge sheet was submitted and the matter is pending trail. Besides the charge of defalcation petitioner is also alleged to have remained absent from the headquarter during the period of suspension, for which he was not paid subsistence allowance. Learned counsel for the petitioner assailed the dismissal order with reference to the manner in which the inquiry was conducted by the Inquiry Officer as according to him the Inquiry Officer ought not to have himself compared the signature of the account holder on the disputed cheque/withdrawal form and comparison should have been made by the handwriting expert but as the Inquiry Officer did not seek any opinion of the handwriting expert and himself proceeded to compare the signature of the account holder over the cheque/withdrawal form and concluded that cheque/withdrawal form was passed by the petitioner without being satisfied that the cheque/withdrawal form was genuine. Such approach of the Enquiry Officer according to the learned counsel for the petitioner does not inspire confidence and this Court in appreciation of such erroneous approach of the Inquiry Officer should set aside the findings recorded in the inquiry report dated 21.1.1994, Annexure-4 as also the impugned dismissal order dated 26.5.1994, Annexure-5.