GURDASPUR CENTRAL COOPERATIVE BANK LTD Vs. PREM SINGH

JUDGEMENT

(1.) -THIS is an appeal by Gurdaspur Central Coop. Bank Ltd. against the order of the District Forum dated 5. 10. 2006 by which the complaint of the complainant Mr. Prem Singh was allowed in the following terms:

(2.) BRIEF facts giving rise to this appeal may be noticed. Complainant was working as Assistant Manager with the appellant-Bank. He had retired as such from the Bank on 31. 3. 2006. He approached the Head Office of the bank for the release of the provident fund, which was due to him and a cheque of Rs. 4,54,305 dated 4. 5. 2006 drawn on State Bank of India, Amritsar was issued by the Commissioner, Provident Fund, Amritsar. It was further alleged in the complaint that the appellant-Bank sent the said cheque for clearance to Amritsar Central Coop. Bank, Amritsar on 13. 5. 2006 and after the clearance of the cheque prepared a DD of the said amount vide DD No. 939314 dated 19. 5. 2006 and the Central Coop. Bank, Gurdaspur (appellant) collected the said DD and took the same on 22. 5. 2006. When the amount as aforesaid was not credited to the account of the complainant, he filed the complaint before the District Forum.

(3.) WHILE resisting the complaint the stand of the appellant as opposite party before the District Forum, was that there were allegations against the complainant of defalcation, irregularities, etc. in sanctioning/recommending the loan, etc. to various persons including his own relations (sons ). An inquiry for taking disciplinary action was initiated against him. After the issuance of the show-cause notice the complainant filed an affidavit with the appellant dated 29. 3. 2006. Paragraph Nos. 1 and 2 of the affidavit is in the following terms (Devnagri script) :