- (1.) HEARD Sri R.D.Yadav for the petitioner and Sri Dilip Singh, for the respondents.
(2.) THE writ petition has been filed against the order of Administrator, District Co -operative Bank Ltd. Bareilly, dated 08.12.1987, dismissing the petitioner from service in the disciplinary proceeding.
(3.) THE petitioner was appointed as Clerk -cum -cashier, in District Cooperative Bank Ltd. Bareilly on 01.01.1972. He was promoted on the post of Assistant Accountant on 10.07.1985. The order relating to promotion was sent for approval to U.P. Co -operative Institutional Service Board, Lucknow. In the meantime, fact relating to embezzlements came in the notice of Branch Manager, who initiated preliminary inquiry. The petitioner filed an application on 22.07.1985, stating therein that he would get deposit the deficient amount within a week and further inquiry may be conducted thereafter. Branch Manager submitted a report to cancel the promotion of the petitioner. Secretary/General Manager (respondent -2), by an order dated 05.08.1985, cancelled the promotion and reverted the petitioner, as by that time his promotion was not approved. Thereafter, the petitioner was suspended by order dated 09.08.1985 and an inquiry was set up against him and Sri Om Prakash Saxena, Senior Branch Manager, was appointed as Inquiry Officer. The Inquiry Officer served the Charge Sheet on the petitioner on 07.02.1986 levelling 10 charges, relating to embezzlement against the petitioner. In substance, the charges were that the petitioner in collusion with account holders used to make fake entry relating to credit of the amount in the accounts and on its basis made over payments, in spite of there being no credit. Some amounts were deposited by the account holders but at the time of suspension, total amount of Rs. 34,668.12 was due. The petitioner submitted his reply to the charge sheet on 26.04.1986, stating therein that Branch Manager used to get the entries made in Ledger Book from peon. When account holders deposited the amount in their account, the petitioner used to make entry in Ledger Book and Branch Manager after tallying the entries from deposit slips used to issue receipts. So far as the allegation that over payments made, this fact should be verified from the account holders. In case, they deny the payments then payments were illegal. In case they admit payments then embezzlements were done by account holders in collusion with the Branch Manager.;