Sawant, J. - (1.) The appellant was appointed as a Probationary Officer in the respondent-Bank on 4th October, 1971 and confirmed in that post on 24th February, 1973. In August 1975, the appellant was charged for having demanded and taken Rs.1,900/- as bribe from one Sk. Rahul Amin, He was suspended from service on 23rd August, 1975. However, the suspension was revoked with immediate effect by another order of 12th December, 1975. Thereafter, he was again placed under suspension w.e.f. 10th July, 1976 when the Central Bureau of Investigation took up the investigation of the case. Prosecution was launched against him on 28th July, 1977 under Section 6 (1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The learned Sessions Judge convicted him of the said offence by his order of 14th July, 1978. In appeal, the High Court reversed the order of conviction and acquitted him of the charge by its order of 4th December, 1979.
(2.) It appears that in the meanwhile, the Bank dismissed the appellant from service by its order of 17th August, 1978 pursuant to the order of the Session's Court. Against the said order, the appellant approached the High Court by a writ petition on 9th February, 1979. On his acquittal by the High Court on 4th December, 1979 the appellant by his letter of 11th January, 1980 wrote to the Bank for reinstating him in service with retrospective effect but the Bank did not comply with his request. However, the High Court in the writ petition pending before it, by its order of 25th June, 1980 set aside the order of dismissal from service and directed the Bank to reinstate the appellant in service with all consequential benefits.
(3.) The appellant was reinstated in service pursuant to his order and was posted as Assistant Manager at the Hazari Road Branch. On 17th August, 1982, he was transferred to Assistant General Manager's [AGM] office. West Bengal Division-I and on 23rd August, 1982 he was served with a letter alleging therein that on 14th August, 1982 while he was working as Assistant Manager at the Hazari Road Branch, he had prepared and signed one debit voucher for Rs. 4,800/- being the amount on account of " interest payable on deposit FDR" mentioning therein the fixed deposit No. 223638/108/79. It was alleged in that letter that the appellant had obtained a token against the said voucher by presenting it to the token clerk and had also verified the signature of the FDR holder on the reverse of this voucher, and on this voucher being posted in the ledger of the ledger Clerk and passed by the passing Officer in good faith, the appellant had received a cash amount of Rs. 4,800/- against the said voucher etc. The appellant was also placed under suspension from the date of the service of the said letter i. e., 23rd August, 1982 under Regulation 12 (1) (a) and (b) of the United Commercial Bank Officers [Discipline and Appeals] Regulations, 1976 (the Regulations). The departmental inquiry was thereafter held with the Manager of the branch of the Bank as the Inquiry Officer to conduct the inquiry. The Inquiry Officer by his report dated 28th May, 1985 held the appellant guilty of two of the charges levelled against him. On the basis of the said report the respondent No. 2, the Deputy General Manager, Zonal Office, West Bengal Zone of the Bank by his order dated 14th November, 1985 dismissed the appellant from service. Aggrieved by the said order the appellant approached the High Court by way of a writ petition. The learned single Judge of the High Court dismissed the same and the Division Bench in appeal confirmed the said order. It is aggrieved by the decision of the High Court that the present appeal has been preferred.;