Decided on February 24,1983

K G Jani Appellant


A.S.QURESHI - (1.) Rule. Mr. G. N. Desai appears for the respondent and waives notice.
(2.) . In this petition the petitioner is challenging the order passed against the petitioner retiring him compulsorily from the service of the respondent Bank. There was a departmental inquiry held against the petitioner wherein he was found guilty of charges levelled against him and was ordered to be dismissed from the service on the basis of the finding of the Inquiry officer The charge levelled against the petitioner was that he had converted the medical bill of Rs. 35.00 into Rs. 1535.00 by adding the figures 15 before the figure 35 in respect of the reimbursement of the the medical bill and had claimed the higher amount. The petitioner had earlier filed writ petition No. 4331/82 this Court challenging the aforesaid order. At the hearing of the said petition it was pointed out that the petitioner had alternative remedy available to him in filing an appeal to the appropriate authority. Consequently the said petition was allowed to be withdrawn and the court had directed that after considering the appeal of the petitioner if there be an order against him the same will be stayed for a period of 10 days.
(3.) . The petitioners appeal was considered by the appellate autho- rity which after taking all the material circumstances into account came to the conclusion that the punishment awarded was correct. Against the said order of the appellate authority the present petition is filed challenging the order of compulsory retirement passed against the petitioner. Considering the gravity of the offence alleged against the petitioner namely converting the figure of Rs. 35.00 into Rs. 1535.00 which is a very serious offence especially in the case of an officer of a Bank the punishment awarded of compulsory retirement would normally be regarded as adequate or at any rate not an excessive one. Still this Court felt that a notice may be issued to the respondent Bank to hear them as regards the quantum of punishment.;

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