- (1.) PETITIONER herein challenges the award passed by the Central Industrial Tribunal in Reference no. 60/87, Annexure A and A1. Annexure A is the order passed on the preliminary issue and annexure A1 is the final award. Annexure A relates to the validity of the domestic enquiry and by the said order the domestic enquiry was upheld. By Annexure A1 award the dismissal was also upheld by the Central Industrial Tribunal.
(2.) I have heard Sri Jagadeeshachari, learned counsel for the petitioner and learned counsel for the employer.
(3.) PETITIONER was employed by the 1st respondent Bank as a clerical staff. While so, it is alleged that he had committed certain irregularities. With respect to the said misconduct the following charges were framed against the petitioner. "i) You fraudulently withdrew or arranged to withdraw indirectly amounts aggregating Rs. 1,89,422. 33 from 40 Agricultural Cash Credit Accounts in the following manner and misappropriated the same: a) You posted 27 Agricultural Cash Credit withdrawal slips containing forged signatures in the respective ledgers in the accounts listed in Annexure A and withdrew or got withdrawn the amounts shown under column-5 and misappropriated the same; b) You obtained or managed to obtain signatures/thumb impressions of borrowers on surplus agricultural Cash Credit withdrawal forms from 13 farmer-borrowers in respect of Agricultural cash Credit accounts listed in Annexure B and making fraudulent use of those surplus withdrawal forms. You withdrew or got withdrawn amounts shown under column-5 and misappropriated them. ii) You posted ficititious credits in several Agricultural Cash Credit accounts as follows: a) In respect of 26 accounts shown in Annexure C amounts shown under column-6 have been credited without any supporting vouchers; b) In respect of 14 accounts shown in Annexure D amounts shown under column-6 have been credited on the basis of spurious vouchers prepared by you. iii) You prepared 14 Agricultural Cash credit withdrawal forms for amounts aggregating Rs. 57,376. 08 as listed in Annexure E and without posting them in the ledger, you got them passed by the then Manager of our Malavalli Branch, Shri K. V. Sathyanarayana Rao and misappropriated the said amounts by obtaining payment thereof fraudulently. iv) With the ulterior motive of concealing your fraudulent acts. a) You manipulated entries in the Agricultural Cash Credit progressive balance book; and b) You manipulated entries in the day book pertaining to interest, commission and exchange accounts and the register of 'interest', Commission and Exchange Analysis. v) With dishonest intention of concealing your fraud you unauthorisedly embossed the audit seal in the Agricultural Cash Credit Ledgers. vi) You prepared false Agricultural Cash Credit ledger sheets and substituted them in place of the original sheets with the dishonest intention of concealing your fraud. vii) Dishonestly and deliberately, you wrongly credited the amounts (shown under column 4 of annexure F) of interest charged on several 'agricultural Cash Credit and Agricultural Term loan accounts' to the other accounts shown under column-5 of Annexures C and D instead of rightly crediting them to the Branch Interest account. ";