RAKESH TIWARI,J. - (1.) THE petitioner was working as clerk -cum -cashier in the Mughalsarai Branch of Union Bank of India. It appears that on 2.4.1988, Life Insurance Corporation of India wanted to make deposit of Rs. 48,840.25 Paise after 1 p.m. Since it was Saturday, the petitioner refused to accept the cash even after the Accountant instructed him to accept the same and make the deposit. On his refusal, the Branch Manager also instructed him in writing at about 1.15 p.m. to accept the late payment but the petitioner refused on the ground that his working hours were over. Thereafter, the petitioner demanded that the instructions be given to him in Hindi, in writing. In this way, he delayed the matter and Sri Ram Singh was handed over the charge of cashier at about 6 p.m. who accepted the deposit.
(2.) CHARGE -sheet dated 5.7.1988 was issued to the petitioner accusing him of adopting delaying tactics deliberately to avoid compliance of the instructions of superiors, for doing acts pre -judicial to the interest of the Bank; willful insubordination i.e., disobedience of the lawful and reasonable orders of his superiors and willful slowing down in performance of work. He was also charged with the minor misconduct of negligence of work. Enquiry in the matter was conducted and by Memorandum dated 1.4.1989, the petitioner was asked to show cause as to why punishment of stoppage of two increments for the major misconduct and stoppage of increments for six months for minor misconduct be also not imposed on him. The petitioner was also afforded opportunity of personal hearing and he also submitted his representation dated 21.4.1989. He was awarded the following punishments vide order dated 22.4.1989 : - "ORDER Gross misconduct: (i) For the gross misconduct of doing acts prejudicial to the interest of the Bank, Sri Ram Ashrey's two annual increments be and is hereby stopped with cumulative effect, which will have the effect of postponing of his future increments by a period of 2 years. (ii) For the gross misconduct of willful insubordination and disobedience of the lawful and reasonable orders of his superiors, Sri Ram Ashrey's two annual increments be and is hereby stopped with cumulative effect, which will have period of 2 years. (iii) For the gross misconduct of willful slowing down in performance of work, Sri Ram Ashrey's two annual increments be and is hereby stopped with cumulative effect which will have the effect of postponing his future increments by a period of 2 years. Punishments to run concurrently. Minor misconduct : For the minor misconduct of neglect of work Sri Ram Ashrey's increments be and is hereby stopped for a period of 6 months. The punishment of stoppage of 2 increments with cumulative effect for each of the approved gross misconducts will be effective after the expiry of punishment for the minor misconduct i.e., after a period of 6 months."
(3.) AGGRIEVED by the aforesaid order, the petitioner preferred appeal to the Appellate Authority which was rejected vide order dated 14.7.1990.;