- (1.) Order of dismissal from service having been restored by Division Bench of Delhi High Court setting aside judgment of the learned single Judge, this appeal has been filed.
(2.) Factual background filtering out unnecessary details is as follows : Appellant (hereinafter referred to as 'the employee') joined services of the Lakshmi Commercial Bank in 1976 as a Clerk. The said bank was merged with Canara Bank (hereinafter referred to as 'the employer') in October, 1985. As a consequence, services of the employee stood transferred to the employer-Bank. He was posted as a Clerk in Deen Dayal Upadhyay Marg, New Delhi Branch and was deputed to work at AIWC extension of the said branch.
(3.) One customer of the Bank i.e. S. V. Deshpande, advocate lodged a complaint with the police stating that there has been unauthorized withdrawal of Rs. 1.07 lakhs from his account in the Bank. An internal investigation was also undertaken by the employer in respect of the complaint. Report of the preliminary investigation was submitted and the employee was served with charge sheet along with imputations of misconduct to the effect that the employee was responsible for the unauthorized withdrawal from the customer's account.;