DEVENDRA PRASAD YADAV Vs. JHARKHAND GRAMIN BANK

JUDGEMENT

(1.) Heard the parties. Prayers made

(2.) By way of present writ petition, petitioner has thrown challenge to the order of punishment dtd. 1/12/2015, by which he has been dismissed from services and further for quashing the appellate order dtd. 15/2/2016, by which the appeal preferred by the petitioner against the order of punishment has been dismissed. Petitioner has further prayed for direction upon the respondents to reinstate him to the post of Staff Officer, treating the period of dismissal as continuance in service. Factual Matrix

(3.) As per the factual matrix, while the petitioner was posted as Credit Officer at Ranchi Main Branch of Jharkhand Gramin Bank, an FIR was lodged by one Sri Pradeep Kumar, the then Manager of Ranchi Branch of respondent-Bank stating therein that during his Inter Branch Reconciliation, it came to his notice that a fake transaction of Rs.7,46,500.00 had been done in Ranchi Branch of the respondent-Bank. On the basis of the said complaint, an FIR being Chutia P.S. Case No. 38/13 was registered against three accused persons namely, Rajiv Ranjan Singh, Arjun Thakur and Aman Anand. It is the case of the petitioner that in the said FIR, he was not made accused. Subsequently, another FIR No. 45/13 was also lodged by Sri Binod Bihari Das, the then Manager of Raikera Branch of respondent-Bank at Kamdara P.S. stating therein that during his inter branch reconciliation, it was found that on 31/5/2003, an amount of Rs.2,19,000.00 was illegally credited into the S.B. A/c. No. 1711 of Shri Mahesh Kumar. In course of internal investigation, the said Mahesh Kumar stated in his written report dtd. 23/9/2013 that the then Manager Shri Devendra Prasad Yadav had credited the aforementioned amount in his bank account No. 1711. However, this amount was returned by Shri Mahesh Kumar to Shri Devendra Prasad Yadav on different dates.