Rakesh Tiwari, J. - (1.) Heard Counsel for the parties and perused the record. 2.The petitioner was working as Cashier at Nawabganj, Branch of Baroda, Bank, Bareilly. He was served charge sheet on a complaint dated 17.2.2004 made by one of the customers of the Bank namely Sri Rafiq Ahamad alleging cash irregularities against the petitioner. The complaint dated 17.2.2004 was later on withdrawn. However, the petitioner was suspended vide order dated 19.2.2004. 3. It appears that a preliminary enquiry was conducted against the petitioner on a complaint made by Sri Rafiq Ahmad customer of the bank saving bank Account No. 12903-misappropriation of Rs. 30000/- said to have been deposited on 15.10.2003 by him through his agent. The petitioner submitted his explanation in respect of complaint and a show cause notice was issued to the petitioner. The show cause notice dated 24.3.2004 (Annexure-I to the writ petition) is as under: 1. While you were working as the "Receipt Cashier" at our Nawabganj branch on 15.10.2003 you were tendered Rs. 30000/-vide pay-in-slip No. 725589 by Mr. Rafiq Ahmad for deposit in his Saving Bank Account No. 12903.
(2.) The pay-in-slip was not prescribed and yet you accepted the cash and issued duty stamped counter foil of the said pay-in-slip in token of having received Rs. 30000/- to Mr. Rafiq Ahmad. You also made entry of the said receipt in the pass book of Mr. Ahmad without actually entering the receipt of the cashier scroll and without ensuring that the related entry has been-made in the ledger folio of the SB a/c No. 12903, you thus pocketed the said amount of Rs. 30000/-. You thus misappropriated the cash of Rs.30000/-.
(3.) On 19.2.2004 when Mr, S.C. Maurya, Senior Manager visited Nawabgahj branch to investigate the complaint of Mr. Rafiq Ahmad, you deposited Rs. 30000/- in the SB a/c # 12903 of Mr. Rafiq Ahmad by filling the pay slip yourself. You are advised to submit your explanation on the above points within 7 days of receipt of this letter failing which it will be presumed that you have nothing to offer and Bank will proceed further as deemed fit.;