VIJAYA BANK AND ANOTHER Vs. SHYAM NAGARKAR

JUDGEMENT

(1.) The present intra-court appeal takes exception to the order dated 30-3-2017 passed by the learned Single Judge whereby the writ petition filed by the respondent has been allowed and the order of punishment of dismissal after departmental enquiry and the appellate order have been set aside and the matter has been remitted back for conducting further enquiry.

(2.) The facts adumbrated in a nutshell, are that the respondent-petitioner was an officer of Junior Management Grade, Scale-I. He was posted as Assistant Manager at Branch/Airport Extension Counter of the appellants-Bank at Bhopal during the period from 13-6-1995 to 3-6-2000. A complaint was made by the Management of the Bank regarding defalcation of funds at the Police Station, Hanumanganj, District Bhopal in the year 2000. An FIR to that effect was lodged and the respondent/writ-petitioner was arrested.

(3.) Charge-Sheet was filed before before the competent court of jurisdiction and thereafter charges in respect of offence punishable under sections 409, 420, 467, 471 and 201 of the Indian Penal Code were framed against the respondent. He was placed under suspension by order dated 21-7-2000. A charge-sheet was issued to him on 13-10-2001 along with articles of charges, list of witnesses and documents. Four charges were levelled against the respondent to the effect that while working as Assistant Manager in the Bhopal Branch/Extension Counter during the aforesaid, he committed serious act of fraud, forgery, misappropriation and indulged in falsification of bank records, tampering and destruction of the same; manipulation of books of accounts of the Bank in order to derive/confer undue pecuniary benefits for self/other, thereby defrauding the Bank.