BABULAL @ BABOOLAL Vs. CANARA BANK

JUDGEMENT

(1.) The appellant, who at the material point of time was a sub-staff with Canara Bank, Currency Chest Branch, Bistupur, Jamshedpur has been imposed punishment of compulsory retirement. Such punishment has been imposed on the basis of a departmental enquiry. The report of the enquiry officer was accepted by the disciplinary authority and thereafter confirmed in appeal by the appellate authority. Broadly, the allegations against the appellant was that he was accompanying a clerk, Mr. V.N.K.Tirkey, who was carrying cash of Rs. 5 lacs to T.R.F Extension Counter, Jamshedpur on 15th April, 2009, but the said cash never reached the TRF Extension Branch. The charge against the appellant leading to the departmental proceeding was:-

(2.) The appellant denied the charge and before the enquiry officer he took the plea that he was only accompanying the clerk carrying the cash and was not directly involved in the actual delivery process. It transpires from the records, however that the receiving clerk in the TRF Extension Counter one Sri Baishakhoo Kumabhar had acknowledged the receipt thereof. According to the Bank Management the actual delivery date was 15th April, 2009, but from the charge it appears that the BAR had erroneously recorded the date as 16th April, 2009. These have been recorded in the memorandum of charge, itself, excerpts from which we have reproduced earlier in this judgment. Two witnesses were produced on behalf of the Management before the enquiry officer, Sri J.P.Keshri and Sri D.K.Kurli. The enquiry report however does not deal with the depositions of the management witnesses in any manner whatsoever. The enquiry officer gave its finding inter-alia in the following terms:-

(3.) The disciplinary authority accepted the finding of the enquiry officer. The contention of the appellant before the enquiry officer was dealt with by the disciplinary authority in the following manner:-