STATE BANK OF INDIA Vs. BABBAN KUMAR SINGH

JUDGEMENT

(1.) IT was alleged in the charge -sheet that on three dates, namely, on 11.02.1988, 23.04.1989 and 4.05.1989, the writ petitioner transported cash remittance from Aurangabad to Gaya and for that claimed Rs. 2,400.00, 2,500.00 and 3,125.00 respectively by way of truck hiring charge from the employer, which was reimbursed, but it transpired later that the same was in excess of the market rate of truck hiring charge and as such, the employer has suffered loss.

(2.) The facts constituting the charge had not been disputed but it was contended that the amounts spent, in fact, on account of truck hiring charges had been claimed and the same had been reimbursed. The matter was enquired into when the enquiring officer on the basis of a bill submitted by another employee of the employer dated 6.12.1989 for Rs. 1050.00 in connection with truck hiring charge from Aurangabad to Gaya held that the writ petitioner - respondent claimed excess charge and on the basis thereof, the disciplinary authority punished the writ petitioner -respondent.

(3.) LEARNED Single Judge by the judgment and order impugned in the present appeal accepted the contention that there was nothing on the record of the enquiry proceedings which would suggest that the rate of truck hiring charge on the dates the writ petitioner -respondent hired the same was less than what had been claimed by him and comparison of truck hiring rate of those dates with the truck hiring charge of 6.12.1989 was not proper.