RAMESH KUMAR Vs. REGIONAL MANAGER PUNJAB NATIONAL BANK
LAWS(DLH)-2007-4-38
HIGH COURT OF DELHI
Decided on April 16,2007

RAMESH KUMAR Appellant
VERSUS
REGIONAL MANAGER, PUNJAB NATIONAL BANK Respondents

JUDGEMENT

HIMA KOHLI, J. - (1.) The petitioner has filed the present writ petition impugning the Award dated 3rd December, 2004 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court (hereinafter referred to as `the Industrial Adjudicator') in ID No.84/94. The facts of the case as stated by the petitioner are that the the petitioner was appointed as a Clerk in the respondent Bank on 15th November, 1985 vide a letter dated 21st October, 1985. On 31st December, 1989, a written complaint was lodged by a customer of the respondent Bank against the petitioner, pursuant to which the petitioner was served with a charge sheet in the following terms by the respondent Bank stating that he had received two cheques of Rs.3,000/- each and had contravened the procedures of the respondent Bank: (i) You did not affix Bank's crossing stamp partly on the counter foil and partly on the relevant voucher, in lieu of having received the voucher along with cheques. (ii) You did not sign the counter foil in lieu of having received the instrument. (iii) You did not enter these cheques in the outward clearing register.
(2.) Another complaint was also made against the petitioner with respect to misappropriation of a cheque of Rs.5,000/- by him.
(3.) After receiving the aforementioned complaint from the customer, the Branch Manager of the respondent Bank lodged a written complaint with the police station on 9th April, 1990. On 23rd May, 1990, the petitioner was served with a letter of suspension. The respondent Bank conducted a departmental enquiry against the petitioner. On the report of the departmental enquiry being placed before the Disciplinary Authority, it imposed a punishment of dismissal from service on the petitioner. An opportunity of hearing was afforded to the petitioner but in view of the facts and circumstances of the case and gravity of the charges, punishment of dismissal was maintained against the petitioner. The appeal preferred by the petitioner was also rejected by the Appellate Authority.;


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