- (1.) Heard Sri Indra Mani Tripathi, learned counsel for the petitioner and Sri Dharmendra Vaish, learned counsel appearing for the respondent - Bank.
(2.) The petitioner was appointed as Clerk - cum - Cashier in the respondent - Punjab National Bank (hereinafter referred to as the Bank). He became Head Cashier in the year 1992. On 19.2.1998 the petitioner was suspended by the respondent no. 3, the Branch Manager of the Bank on the allegation of misappropriation of bank money. A first information report dated 24.4.1998 was lodged against the petitioner by the Branch Manager on the ground that the petitioner has misappropriated the money of the borrowers and had not deposited the same in the bank, which was registered as Case Crime No. 30 of 1998, under Sections 420/409 IPC. On 27.5.1998 a final report was submitted by the Police after investigation on the ground that since the money has already been deposited in the bank account, therefore, no offence has been made out against the petitioner. Against the same, a protest petition was filed which too was rejected by the concerned Magistrate on 24.9.1998 and the final report was accepted. The protest petition revision was also dismissed on the ground that all the dues are paid upto date to its creditors hence no case of criminal misappropriation, criminal breach of trust and cheating is made out against the petitioner. A criminal revision was filed by the bank before this Court, which was dismissed on 22.8.2000 in the absence of the counsel for the revisionist - bank. It is pertinent to note that prior to dismissal of the criminal revision on 19.6.1999 a charge-sheet was served on the petitioner by the respondent no. 2, the Regional Manager/disciplinary authority. The petitioner filed his reply to the charge-sheet dated 24.7.1999. Subsequently, after affording opportunity of hearing to the petitioner, the enquiry report dated 26.7.1999 was submitted by the enquiry officer and the petitioner was served with a communication dated 27.7.2000 regarding proposed punishment of dismissal from service. The petitioner filed his objection dated 5.8.2000 against the proposed punishment. By order dated 31.8.2000 the proposed punishment of dismissal was confirmed and the petitioner was dismissed from service clearly providing therein that he shall not be entitled to any wages for the period he remained under suspension except the subsistence allowance paid to him as per the provisions of Bipartite Settlement. The petitioner filed departmental appeal against the order of dismissal, which too was dismissed by the respondent no. 1, the Zonal Manager, Central U.P. Zone of the Bank by an order dated 23.4.2001.
(3.) Further necessary facts for disposal of the present dispute are that the first information report dated 24.4.1998 was lodged on the ground that one Sant Raj vide his complaint dated 14.2.1998 had informed that on 29.8.1996 he deposited a sum of Rs. 7,000/- in the concerned branch of the bank and he handed over money to the petitioner Sri Bhojraj Singh who filled up the pay-in-slip and returned the counterfoil after putting the seal and his own signature on the same to Sant Raj. Again on 30.8.1996 Sant Raj came to the branch for depositing Rs. 500/-, which too was deposited by the petitioner in the same manner and on the letterhead of the bank he issued no dues certificate to Sant Raj by putting seal of the bank after signing the same. When on 14.2.1998 the receipts were handed over to the Branch Manager it was found that the aforesaid amount was not deposited in the bank account of Sant Raj and there was no entry of the same in the bank accounts. Similarly, one Rajveer came to the bank on 30.7.1997 and deposited a sum of Rs. 1,300/- in his own account. On 26.2.1998 when he handed over such receipts it was found that no such amount was deposited in the bank and the receipts handed over by him were signed by the petitioner. One Hemraj also came to the bank on 2.3.1998 and complained that on 30.7.1996 he had deposited a sum of Rs. 3,444/- which was got deposited by the petitioner in the same fashion as noted above and on enquiry it was found that there is no entry of such deposit of the amount in the bank account books and therefore, a first information report was lodged under Section 420/409 IPC, which was registered as Case Crime No. 30 of 1998.;