BACHNESHWAR PD SINGH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as the respondent-Bank and perused the counter-affidavit.

(2.) IN the present case the petitioner has been dismissed from service after holding of the departmental proceeding.

(3.) IT has been contended by the learned counsel for the petitioner that though initially there were four charges against him but subsequently, the Appellate authority exonerated him of charge nos. 3 and 4. Charge Nos. 1 and 2 have been found to be established, by which it is alleged that two creditors have deposited certain amounts in the Bank, which were not credited in their account and as such, the petitioner had misappropriated the said amount but during the course of enquiry the persons, who had deposited those amounts, have been examined by the enquiring officer and they have appeared before him and stated that the said amount which they had deposited before the petitioner (Head Cashier of the Bank) had been returned back to them on the same day, as some notes were torn. As the money had already been returned to the creditors, the question of crediting the same to the account did not arise. The said witnesses have not been found to be truthful by the enquiring officer, as the slips, which were issued in lieu of the said deposit, were not retained by the creditors themselves.