- (1.) This appeal is directed against judgment and order dated 10.03.2005, passed by the High Court of Punjab & Haryana, in Regular Second Appeal No. 713 of 2005 whereby the High Court declined to interfere with the order passed by the Additional District Judge, Fast Track Court, Gurdaspur, and upheld the decree passed by first appellate court. We have heard Learned Counsel for the parties, and perused the record.
(2.) Brief facts of the case are that the Respondent (plaintiff) was a ministerial employee of Appellant-Bank. He was dismissed from service vide order dated 5.9.1997, passed by the Bank. Consequently he filed a suit for declaration challenging the legality and validity of dismissal order dated 5.9.1997 passed by the Zonal Manager (Disciplinary Authority) whereby he was dismissed from service. The charge levelled against the Respondent was that while being posted as clerk, he let advanced a sum of Rs. 4500/- as loan on 10.1.1989 to one Surti son of Gura for purchase of buffaloes at Branch Office Dhariwal. It so turned out that the party to whom the loan was advanced had expired on 13.11.1980, i.e., much prior to sanction and disbursement of the loan. Thus, it was alleged that the Respondent had connived with the Branch Manager and misappropriated public funds with vested interests. The reply of the Respondent to the authorities was that he simply filled the form and connected papers at the instance of the Branch Manager of the Bank and the surety. He further pleaded that he acted bona fide in filling the form and the connected papers. He had no knowledge that Surti son of Gura, in whose name the loan was being taken, was not alive.
(3.) The trial court (Additional Civil Judge, Senior Division, Gurdaspur), after recording evidence and hearing the parties, vide judgment and decree dated 22.2.2002, dismissed the suit (suit No. 287 of 1997) holding that the order of dismissal, challenged by the Plaintiff, suffers from no illegality.;