RAKESH KUMAR Vs. CANARA BANK

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Counsel appearing for the respondent Bank.

(2.) The petitioner who was working as a Clerk in the respondent bank has been charged with some alleged misappropriation of funds deposited by the customers on three different occasions. The charge memo is dated 21.4.2004.

(3.) Substance of the allegation is divided into two charges. Charge No. 1 alleges that an amount of Rs. 18000/- was deposited by one customer namely Rajendra Prasad Singh in his account on 12.3.2003. Having made such deposit he issued a cheque in favour of Life Insurance Corporation of India which was dishonoured on 18.3.2003 due to insufficiency of funds. The said depositor was sent advice of dishnour on account of insufficiency of fund. He thus came to know that due to non credit of amount of Rs. 18000/-, i.e., the cash deposited on 12.3.2003, cheque issued in favour of Life Insurance Corporation stood dishonoured. The petitioner was alleged to be the receiving cashier on 12.3.2003 and therefore charge memo was issued to him that though cash deposit was received on 12.3.2003 the same were not accounted for in the accounts of the bank till 24.3.2003. The customer namely Rajendra Prasad Singh had made his complaint on 22.4.2003.