- (1.) This appeal seeks to challenge the judgment and order dated 25.01.2007 rendered by a Division Bench of Allahabad High Court allowing Civil Writ Petition No. 2846/2004 filed by the respondent. The respondent at the relevant time in 1997-99 was working as a Manager of a Branch of Punjab & Sind Bank in Kanpur and he was directed to be dismissed for misconduct after a departmental inquiry vide order dated 6th June, 2003. The respondent had challenged this order and two subsequent orders in his writ petition to the High Court and these orders have been set aside by the impugned judgment and order. Being aggrieved by the same, this appeal has been filed by the General Manager (P) on behalf of Bank. Apart from setting aside order of dismissal, High Court directed the reinstatement of the respondent. The respondent moved a contempt petition for non-implementation thereof. This Court vide its order dated 7th May, 2007 has stayed the contempt proceedings. Subsequently, leave was granted on appellant's Special leave petition on 6th September, 2007. Mr. Rajiv Nanda, learned Counsel has appeared for the appellant. The respondent has appeared in person. Short facts leading to this appeal
(2.) As stated above, the respondent was working as a Manager of the appellant's Branch (earlier an extension counter) at Guru Nanak Girls Degree College, Sunder Nagar, Kanpur. In a vigilance inspection, it was found on 8th of March, 1999 that some 20 loans to the tune of Rs. 16.48 lacs were disbursed to some persons against FDRs though the FDRs were in the names of altogether different persons. It was also seen that the withdrawals which were allowed, were far in excess over the amounts in the FDRs. All those entries were in the hand-writing of the respondent.
(3.) On 9th of March, 1999, when the Zonal Manager, Lucknow, telephonically made further inquiries with the respondent, immediately thereafter, the respondent left the Branch by leaving behind a letter of voluntary retirement dated 9th March, 1999 without handing over the charge of the articles and documents of the Branch to anybody else. He did not report for duty any time thereafter, although a telegram was sent to him on 11th March, 1999 that he should join immediately. He was, therefore, suspended on 12th March, 1999. An FIR was lodged on 13th March, 1999 and the respondent was arrested along with the Cashier Mr. K.P. Singh.;