S.B. Sinha, J. - (1.) Leave granted.
(2.) Appellant was working as a peon in the respondent - Bank. On or about 24.11.1993, a complaint was lodged by the Manager of the Bank alleging that some drafts which were presented for encashment by M/s Anil Trader and some other persons and purported to have been issued from the Mall Road Branch of the Bank had in fact not been issued therefrom. A First Information Report (for short, "FIR") under Section 380/120B of the Indian Penal Code was registered. The investigation of the said case was assigned to one Shri Janardhan Singh, Senior Inspector. He submitted a report on 11.12.1993, inter alia, opining that the integrity of the appellant who had been transferred to Rampur, Shimla was doubtful. It was concluded: In view of the facts stated above we are of the view that both the joint custodian i.e. Shri H.C. Grover - Manager, presently posted at BO Chandni Chowk, Delhi and Shri P.C. Gupta - AM are responsible for the loss of the drawing book since either of the two have remained one of the custodians from 1.6.93 to 24.8.93. The loss of drawing book could have been avoided had they taken due care and precaution. Further, Shri Sharad Narain, Sr. Manager is also responsible as he has failed to ensure compliance of laid down instructions in respect of monthly checking of security forms and also for non-submission of M.C. after 31.5.93. In the said report, various procedural lapses on the part of some officers of the Bank were also pointed out.
(3.) After five years of the said incidence, a disciplinary proceeding was initiated against the appellant stating that during the period 18.11.1991 and 9.10.1993, he had taken away one blank draft issue book bearing No. 626401 to 626425. A show-cause notice was issued. Cause was shown by him. He was found guilty by the Enquiry Officer. In the said proceeding, reliance was placed on the purported confession of the appellant before the police authorities in the year 1993. It was marked as Exhibit PE-3.;