Vivek Kumar Birla, J. - (1.) Heard learned counsel for the petitioner as well as learned Standing Counsel and Sri Sanjai Singh, learned counsel appearing for the respondents.
(2.) Present writ petition has been filed seeking quashing of the impugned order dated 27.8.2013 and the impugned order dated 28.11.2013 with all consequential benefits filed as Annexures 1 and 2 respectively to the writ petition.
(3.) By order dated 27.8.2013 the petitioner was dismissed from service on the ground of gross misconduct in terms of Para 6 (a) of Bipartite Settlement dated 10.4.2002 as amended from time to time. His appeal against the same was also dismissed vide impugned order dated 28.11.2013. Serious allegations of embezzlement and financial irregularities levelled against the petitioner, as noted and summarized in the enquiry report, are quoted as under: "1- He had embezzled/misappropriated a sum of Rs. 228150/- as detailed below- i) Cash shortage amounting to Rs. 175000/- detected by Sh. R.N. Saran, permanent Head Cashier at the branch while taking over charge of cash from him on 07.02.2005; which he confessed vide his letter dated 07.02.2005, ii) Cash shortage amounting to Rs. 17350/- while handing over cash received by him on 07.02.2005 i.e. he handed over cash of Rs. 354171/- against totala receipt of Rs. 368521/- plus one receipt of Rs. 3000/- not entered by him in Cashier Receipt Long Book. iii) Cash amounting to Rs. 35800/- received from the different customers on 07.02.2005 by him and receipt was issued to them by him; not recorded in the bank's books. 2- He was not depositing the amount on the same day deposited by the customers by releasing vouchers of the date to the next/subsequent dates. Thus he had embezzled bank's fund for one or more days.";