- (1.) The petitioner was a Clerk-cum-Cashier in Banda District Cooperative Bank Limited, Banda. He has preferred this writ petition for issuance of a writ of certiorari to quash the order of his termination dated 23 December, 2008 passed by the Administrator and consequential dismissal order dated 30 December 2008 passed by the Secretary/ General Manager.
(2.) The essential facts are that the petitioner was initially appointed as a Clerk-cum-Cashier in the year 1980. He was placed under suspension on 28 May, 2003 by the fourth respondent. A charge-sheet was served upon him on 4 June, 2003, wherein two charges were framed against him: (i) a cheque No. 006580 dated 14 August, 2001 for an amount of Rs. 10,00,000/- was issued by Banda Urban Cooperative Bank Ltd. and without verifying the signatures it was passed in spite of the fact that the signature on the cheque appears to be forged. The petitioner without verifying the signatures, has made the payment. Due to the negligence of the petitioner, the said fraudulent transaction took place; (ii) On 15.11.2001 the petitioner had directly involved for clearing cheque No. 21342 dated 11.11.2001 for an amount of Rs. 1,60,000/-.
(3.) It is stated that the petitioner, without any delay, submitted his reply on 23 June, 2003. He had denied the charges levelled against him. The petitioner also made a prayer that he may be permitted to examine Ram Babu Pandey and Secretary of the Bank as witnesses. A copy of the reply has been filed as annexure-2 to the writ petition.;