Sudhir Agarwal, J. - (1.) This writ petition under Article 226 of Constitution of India has been filed by Sanjai Kumar Gupta, a Clerk-cum-Cashier in State Bank of India (hereinafter referred to as "Bank"), at Katghar Branch, District Moradabad assailing punishment order of dismissal, dated 08.5.1996 (Annexure 23 to the writ petition), passed by Assistant General Manager, State Bank of India, Region-II, Bareilly (hereinafter referred to as "Disciplinary Authority").
(2.) The facts in brief giving rise to present writ petition are that petitioner was appointed as Clerk-cum-Cashier in the Bank in March, 1982. After serving at different branches of Bank, in August, 1992, he was posted at Katghar Branch of the Bank in Moradabad. An order of suspension was passed by Disciplinary Authority on 04.08.1992 placing petitioner under suspension on the allegation that certain fraudulent withdrawals amounting to Rs.81,000/- in the Bank have been noticed. A First Information Report (hereinafter referred to as "FIR") as Case Crime No.392 of 1992 under Section 420 IPC was registered against petitioner at Police Station Mugalpur, District Moradabad by one Bhola son of Chaila alleging fraudulent withdrawal from his saving bank account no.8590 in the Bank. During investigation by Police, Bank officials furnished original documents relating to Saving Bank A/c No.7322 of Madhav Dutt Dwivedi, A/c No.8590 of Bhola, A/c No.7274 of Gulshan Kumar and A/c No.7386 of Dinesh Chandra Sharma to Investigating Officer. Investigating Officer submitted charge-sheet dated 31.5.1994 in the Court of III Additional Chief Judicial Magistrate, Moradabad alleging that while posting as Cashier in the Bank during 1992, petitioner has made fraudulent withdrawal from various accounts of Accounts Holders in particular, Gulshan Kumar, Madhav Saran, Bhola and Dinesh Chandra Sharma.
(3.) When criminal trial was pending, petitioner was served with a charge sheet dated 14.02.1994 for initiating disciplinary proceedings by Disciplinary Authority, levelling charge of fraud in saving bank accounts of Madhav Dutt Dwivedi, Bhola, Dinesh Kumar Sharma and Gulshan Kumar. Two more charges were also levelled stating that balance in bank account of petitioner suddenly got inflated and then substantial amount was withdrawn and also that some persons made complaints that some payments have been received by petitioner for depositing in complainants' account but the same were not actually deposited. Charge-sheet did not disclose any oral or documentary evidence to be relied by Bank to prove the charges and no document was appended with charge sheet. Petitioner, however, was required to submit his defence statement/reply to charge-sheet within seven days.;