Altamas Kabir, J. - (1.) Between 2nd May, 1990 and 8th October, 1991, the writ petitioner/respondent No. 1 worked as a clerk in the Savings Department at the Netaji Subhas Road Branch of the Bank of Maharashtra. On 8th October, 1991, the Bank, which is the appellant herein, suspended Shri Pandit from service allegedly on the ground of having made false entries relating to various accounts resulting in misappropriation of about Rs. 1,55,300/-.
(2.) On or about 15th June, 1992, a draft chargesheet was prepared and sent to the central office of the Bank for approval. Soon thereafter the questioned documents were sent by the Bank to the Government Examiner of the Central Forensic Institute, Kolkata, for opinion as to the manipulated and/or interpolated entries in the ledgers, charts, vouchers and balance books. On 30th July, 1992, the CriminarBureau of Investigation registered a case against Shri Pandit, being R. C. Case No. 37 of 1992, in the Court of the 3rd Special Judge, Calcutta. On 30th November, 1995, the said Bureau, hereinafter referred to as "C.B.I.", filed chargesheet against Shri Pandit in the Court of the 3rd Special Judge, Calcutta. The proceedings in Case No. 37 of 1992 were, however, stayed in revision.
(3.) Thereafter, the Bank decided to go ahead with the departmental enquiry and on 16th November, 1998, chargesheet by the Bank was served on Shri Pandit by registered post. On 29th December, 1998, a corrigendum to the chargesheet was issued whereby charge Nos. 3 and 4 were clubbed together as a single charge and the same was also served on Shri Pandit by registered post.;