VINAY KUMAR Vs. MADHYA BIHAR GRAMIN BANK

JUDGEMENT

(1.) The petitioner being a Branch Manager of the respondent Bank was proceeded against on allegation that he did not observe the norms regarding maintenance, safety, upkeep and security of documents including banker s cheque book in the Branch. The charge has arisen in the backdrop of the following facts.

(2.) Between 15.12.2001 to 27.12.2001, the petitioner while on leave had handed over charge of the branch to another officer. He returned from the leave on 27.12.2001. On 29.12.2001 it was revealed that the banker s cheque for an amount of Rs. 2.5 lakh was encashed at the State Bank of India. The cheque was drawn from the petitioner's branch. It is in these circumstances that the allegations were levelled against the petitioner that since he had not observed the rules for safe maintenance and upkeep of valuable documents including banker s cheque such a withdrawal has been made from the banker s cheque book of the petitioner's branch. The banker s cheque bears signature of the petitioner and the other co-signatory which signature has been denied by the petitioner as being forged.

(3.) After hearing the parties and on going through the pleadings on record it is evident that in respect of lapses alleged against the petitioner regarding non observance of adequate safety measures for keeping the valuable documents he has not made submissions before the enquiry officer. His case is that the transaction has been done during petitioner's period of leave between 15.12.2001 to 27.12.2001. He has submitted that he had handed over keys of almirah in the branch wherein all the documents including the banker s cheque book was kept to the Incharge. In the circumstances, he cannot be saddled with the responsibility for encashment done by the banker s cheque book of the branch.