M.H.S. Ansari, J - (1.) . - The case of the petitioner in brief is that while serving as Clerk of the respondent bank, the petitioner was charged with fraud of cash of Rs. 58,300/- said to have been committed by the petitioner on the basis of the First Information Report (FIR) lodged by the Branch Manager with the local Police Station on December 24, 1998. The petitioner was arrested and was placed under suspension with the effect from December 23, 1998, Annexure P-l. A police case being G.R. No. 1687 of 1998 was registered and the same is pending adjudication on the file of the Court of Sub Divisional Judicial Magistrate, Jalpaiguri. The petitioner was served with a charge sheet dated September 23/24, 1999 (Annexures P-3) by the disciplinary authority framing a charge as under; "CHARGE NO. 1 Sri Pradip Kumar Biswas, while working as Clerk in cash department of Gairkata Branch, had fraudulently took away cash amounting to Rs. 58,300/- (Rupees Fifty eight thousand three hundred only) on 23.12.98. It is reported that on the said date he had taken out all the packets of One hundred rupee notes from the cash safe on the plea to recount/re-arrange the said packets during working hours. The said fraud committed by Sri Biswas having removed cash from Rs. 58,300/- was detected during verification of cash at the close of the by the bank official in front of him. The detail of the notes found short at the close of the day's work are given hereunder ........................." The details of the shortage found in one hundred rupee notes in stitched packets have been specified in the said charge sheet. The petitioner was informed that it has been decided to hold a departmental enquiry. The petitioner was also served with a memo dated August 24, 1999 being Annexure P-4 informing as under; "MEMO Attention of Sri Pradip Kumar Biswas, Clerk of Gairkata Branch (under suspension) is hereby drawn to the fact that on 23.12.98, while he was working in cash department, he had fraudulently look away cash amounting to Rs. 58300/- (Rupees fifty eight thousand three hundred only) from the Bank. It is reported that on the said date he had been taken out all the packets of one hundred rupee notes from the cash Safe on the plea to recount/rearrange the said packets during the working hours. The said fraud committed by him having removed the cash of Rs. 58,300/- was confixed during the verification of cash at the close of the day's work by the Bank's officials in front of him. It was decided that he had taken away some packets of one hundred rupee notes, some loose Rs. 100/- notes and also removed many notes from one hundred rupee note packets resulting in shortage of cash for Rs. 58300/-. Thus Sri Biswas acted prejudicial to the interest of the Bank by consisting wilful act of fraud and he is charged for Gross Misconduct under para 19.5. (J) of the Bipartite settlement."
(2.) The petitioner was asked to show cause within 7 days from date of receipt of the said memo and to offer his explanation as to why the management should not proceed against him. Annexure P- 4 is the reply to the said memo.
(3.) Thereafter, it appears that a departmental enquiry was conducted and based thereon, the disciplinary authority passed the impugned order concurring with the findings of the enquiry officer and holding that the charge against the petitioner is fully proved. The punishment imposed upon the petitioner was "discharged from bank's service with superannuation benefits". The petitioner, by another office order dated November 26, 2001, was informed that on account of the proven financial loss suffered by the bank, the sum of Rs. 58,300/- would be recovered from the terminal dues payable to the petitioner.;