BHABA KANTA GAYAN Vs. STATE BANK OF INDIA
HIGH COURT OF GAUHATI
Bhaba Kanta Gayan
STATE BANK OF INDIA
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A.M.BUJOR BARUA,J. -
(1.) Heard Mr. S Borthakur, learned counsel for the appellant and also heard Mr. S.S Sarma, learned senior counsel for the respondent bank.
(2.) The appellant who served as a Cashier-cum-Clerk in the Raha Branch of the respondent State Bank of India was served a memorandum of charge dated 09.09.2009 pertaining to the allegation that without comparing the specimen signature of the depositor Sri Biren Deka of Raha Branch in respect of Account No.11689553585, an amount of Rs.3,09,000/- spread over seven different dates were withdrawn by him in an unauthorized manner by using his ID. Further allegations were that the said amount withdrawn was used by the appellant for his personal gain and that it was withdrawn by violating the extant instructions of the bank to the extent that the withdrawals were made by using withdrawal slips without production of pass book and that such conduct constituted a mala-fide intention to defraud the bank.
(3.) The appellant submitted his reply that the withdrawals were allowed by him within his own eligible limit of payment and that the withdrawals were not made for his personal gain and the actual beneficiary was given the payments. Further stand had been taken that the withdrawals were accompanied by the relevant pass book and the appellant did not use his ID with a mala-fide intention and nor there was any intention to defraud the bank.;
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