- (1.) Leave granted. We have heard learned counsel on both sides.
(2.) This appeal by special leave arises from the judgment of the single Judge of the Allahabad High Court, made on April 19, 1996 in Writ Petition No. 10200/90.
(3.) The admitted position is that the respondent, while workings as Cashier-cum-Clerk in the appellant-Bank, was charged with the allegation that he had fraudulently withdrawn a sum of Rs. 28,500/- on different dates from the saving accounts of different account-holders by forging the bank records and signatures of the saving bank account-holders. A charge sheet was served upon him to which the respondent gave him reply. An enquiry was conducted in which he did not participate. Proceedings were conducted ex parte. Then, the enquiry officer, after detailed excamination of the evidence adduced, recorded findings that the respondent was guilty of misconduct for forgery of the signatures and for fraudulent withdrawal of the amounts. Accordingly, he submitted his report. The disciplinary authority on April 17, 1989 had given the respondent a show-cause notice as to why the punishment of dismissal should not be imposed on him. The respondent submitted his reply thereto on April 11, 1990. On consideration thereof, the disciplinary authority imposed the punishment of the dismissal from service. In appeal, the Board had considered the entire record and confirmed the order dismissing the respondent from service. The respondent, thereafter, filed the writ petition in the High Court. The learned Judge has gone into the merits of the matter and found that the charges have not been proved. Ultimately. The quashed the punishment of dismissal from service. Thus, this appeal by special leave.;