- (1.) We have heard Sri B.N. Singh for the petitioner; Sri Vishnu Pratap for the respondents; and have perused the record.
(2.) The petitioner has challenged the orders dated 28.08.2008; 15.12.2009 and 29.07.2010 passed by disciplinary authority, appellate authority and review authority respectively by which the petitioner has been dismissed from service and, thereafter his appeal and review has also been dismissed.
(3.) Briefly stated the facts giving rise to this petition are that the first respondent (Central Bank of India- in short the Bank) is a nationalized bank in which the Central Government has more than 51% stake; that the petitioner was appointed in the year 1978 and in the year 2004 was serving as a Manager Grade Scale-II at Branch Office Sikandra City, Agra; that in the month of June 2004 he was transferred to Branch Office Azadgan, district Etawah; that to shift his house hold goods from Agra to Etawah, the petitioner engaged a truck No. RJ-05-G-3248 through R.S. Yadav Transport Co. Agra in respect of which he was provided transport receipt bearing GR no.402, dated 31.07.2004, of Rs.3010/-; that to claim transfer allowance, the petitioner submitted T.A. Bill dated 18.08.2004 claiming Rs. 9046/- which included incidental expenses, truck charges, etc.; that as per policy, freight charges were reimbursable only to the extent of freight charged by railway for transport of goods in between the two stations up to a limit of 10 quintals; that the petitioner was therefore required to submit freight rate charged by railway for transport between Agra and Etawah; that the petitioner claimed the railway freight @ Rs.38.05 per quintal for transport between the two stations; that T.A. Bill of Rs.9046/- submitted by the petitioner was passed for Rs.8319/- inclusive of freight charges to the extent of Rs.2283/- in place of Rs.3010/- that was allegedly paid by the petitioner to the road transport company; that, on some complaint, a vigilance enquiry was done; that the vigilance officer (MW1) submitted report thereby questioning genuineness of the transport receipt; that, on the basis thereof as also upon discovering that railway freight charge for transport of goods from Agra to Etawah was @ Rs.24.30p per quintal and not Rs.38.05p per quintal, the petitioner was served charge-sheet leveling the following two charges: "1. Sh. Bhadouria claimed transfer TA Bill dated 18.08.2004 for Rs. 9046/- by submitting a forged transport receipt no. 402 dated 31.07.2004 for Rs. 3010/ purportedly issued by R S Yadav Transport Company, Head Office-Firozabad Road, Opposite Tulsi Dharam Kanta, Shahdara, Agra. 2. Sh. Bhadouria claimed Railway freight charges @ Rs. 38=05 per quintal, rate by goods train for 123 Kms i.e., from Agra to Etawah, whereas correct rate for the same distance as informed by Booking office Etawah are Rs. 24=30 per quintal. Thus he claimed excess amount from the prevalent rates.";