SHRAWAN KUMAR Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the Respondent Central Bank of India.

(2.) The Petitioner has come for quashing the enquiry report dated 10.1.1995 by which the two charges leveled against the Petitioner have been found to have been proved and partially proved as also for quashing the order of punishment dated 24.4.1995 passed by the disciplinary authority, Respondent No. 4, the Regional Manager, Central Bank of India, Patna by which the Petitioner has been given the punishment for discharge from service with regard to charge No. 1 and stoppage of two increments in respect of charge No. 2 and further for quashing the order dated 20.9.1995 passed by Respondent No. 3, the Assistant General Manager, Zonal Office, Patna passed in appeal filed by the Petitioner against the order of discharge from service, which appeal was rejected by the appellate authority.

(3.) The short facts of the case are that the Petitioner while functioning as Head Cashier-cum-Clerk in Gyaspur Branch of the Respondent Bank was issued a charge-sheet that the Petitioner abusing his official position as the receiving clerk committed irregularities with mala fide intention in respect of the account holders' cash deposit: (i) Rs. 600/- on 25.6.1993 in HSS Account No. 1489 of Sri Ganauri Choudhary, and (ii) Rs. 2,800/- on 16.8.1993 in HSS Account No. 1834 of Sri Ram Suresh Rai, by not making cash deposit entries in the Books of the Branch and not depositing the receipted cash in the Bank and misled the account holders by making cash deposit entry of Rs. 600/ - on 25.6.1993 in the Pass Book of HSS Account No. 1489; when the Bank asked the Petitioner to explain such acts and issued suspension memo he did not submit his explanation within the stipulated time but he replied on 20.10.1993 that he had returned the said cash deposits to the concerned account holders. The second charge against the Petitioner was that he committed temporary misappropriation of cash deposit of Rs. 1,500/- of HSS Account No. 1209 of Sri Megh Nath Choudhary on 30.6.1992.