STATE BANK OF INDIA Vs. DEPUTY GENERAL SECRETARY

JUDGEMENT

(1.) With consent of learned counsel for the parties matter is finally heard.

(2.) Petitioner, vide present writ petition under Art. 227 of the Constitution of India takes exception to the Award dated 05.12.2014, passed by the Central Government Industrial Tribunal cum Labour Court, Jabalpur; whereby, in answer to the Reference of Industrial dispute as to "whether the action of the management of State Bank of India, Bhopal, in dismissing the services of Shri Hukum Singh Bagga, son of Shri Harbans Singh Bagga, Ex-cashier cum Clerk with effect from 23.09.1995 is legal and justified ? If not, to what relief the workman concern is entitled to ?" The tribunal while upholding the validity of departmental enquiry interfered with the punishment of dismissal and modified the same to that of compulsory retirement.

(3.) Respondent workman employed as Cashier cum Clerk with the petitioner Bank was subjected to Charge Sheet on 15.05.1993. The charges levelled against him were that on 16.04.1991, two accounts in the name of Sumit Construction and M/s Suprit Construction Company were opened in the Pithampur Branch. That without obtaining identification of Account holders cheque books were issued in the name of Suprit construction: 941926-950 and in the name of Sumit construction: 94195-975. The ink was spilled over the entries in the register and it could not be known to whom the cheque books were issued. The second charge related to transfer of accounts of Dewas Branch of Suprit construction wherein some persons deposited cheque of Rs.45,000.00 the payment of cheque amount was shown on 25.04.1991. Amount of Rs.44,000.00 was fraudulently withdrawn on 26.04.1991 by one Dilip Singh. Third charge was that on 26.04.1991 cheque of Rs.1,71,000.00 was issued by Suprit Construction in favour of Sumit Construction as the account was transferred the cheque was sent to Dewas Branch. Whereon presentation of cheque on 17.05.1991 the payment was stopped as the Branch Manager found signatures were not tallying.