BINAY KUMAR CHAUDHARY Vs. BANK OF INDIA

JUDGEMENT

(1.) In this writ application petitioner has challenged the order of punishment dated 22.9.2003, as contained in Annexure-9 as well as order of the appellate authority dated 30.12.2003, as contained in Annexure-11. By the punishment order petitioner has been removed from service with superannuation benefits and without disqualification for future employment. The appellate authority has affirmed the order of punishment and dismissed the appeal of the petitioner.

(2.) The case of the petitioner in a nutshell is that he was Staff Clerk-cum-Cashier with the Respondent-Bank. Petitioner was served with show cause notice on 7.9.2002, as contained in Annexure-1, in which two allegations were levelled against him. The allegations against him were as follows:

(3.) Petitioner submitted his explanation on 13.9.2002, as contained in Annexure-2, denying the allegations and claiming them to be false and baseless. With regard to the first allegation, he claimed that to hush up the matter he was pressurised by the Branch Manager and others to pay Rs. 1000/- to the customer Janardan Sah although he was not at fault and he had not received Rs. 1000/- extra from said Janardan Sah. With regard to second allegation, petitioner claimed that he had paid the amount twice to Sri B.B. Rajwar, Acting Incharge of the Bank but as Mr. Rajwar denied this fact, he deposited the sum of Rs. 4000/- from his own pocket.