DOONGARPUR KENDRIYA SAHAKARI BANK LIMITED Vs. DHIRENDRA KUMAR

JUDGEMENT

(1.) I have heard Mr. Dinesh Maheshwari learned counsel for the petitioner and Mr. Mridul Jain learned counsel for the respondent.

(2.) The respondent Dhirendra Kumar was employed as a Clerk-cum-Cashier at Bohrawadi, Sagwara Branch of the petitioner Bank. An inquiry was instituted against him alongwith other employees on the charge of cheating, embezzlement and misfeasance. The Enquiry Officer found various charges of cheating and embezzlement proved against him. He was also found grossly negligent in discharge of his official duties. Thus, a penalty of removal from service was inflicted upon him. The respondent raised an Industrial dispute, which was referred to the Labour Court, Udaipur.

(3.) The respondent did not challenge the legality, validity and fairness of the domestic enquiry held against him, but he only addressed on the question of punishment. The Judge of Labour Court very generously took the view that respondent be given an opportunity to improve. Thus, by impugned award dated October 10, 1991 set aside the order of removal and directed to reinstate him with the forfeiture of the salary during the period he remained out of service. He further made it clear that the interregnum period be treated as on regular service for the benefits.