Satyabrata Sinha, J. - (1.) This appeal is directed against a judgment and order dated September 24, 1993 passed by a learned Single Judge of this Court whereby, and whereunder the writ petition filed by the writ petitioner/respondent questioning an order of removal passed by the disciplinary authority which was affirmed by the Appellate Authority during pendency of the writ application, has been allowed.
(2.) The petitioner was an officer of Syndicate Bank. He at the relevant time was posted as Manager of Pattapur Branch of the Bank. It was a small branch having 3 employees, viz., the petitioner, clerk and a class-IV staff. The petitioner was almost the sole authority in relation to the said branch. He was charge sheeted on or about November 21, 1983 which read thus : "a) You received from Smt. Sashi Sahuani, a customer of the Branch, a sum of Rs. 230/-for credit towards her account and made necessary entries in the Bank Pass Book held by her and failed to account for such monies in the books of accounts of the Branch ; b) You made/caused to be made fictitious credit entries in the loan account of Sri Radhanath Panda showing closure of the account on June 18, 1980 and thereafter closed the account (sic.) on September 9, 1980 and in the process, you scored off/caused to be scored off writings/ rubber stamp impressions found in the loan register to conceal the actual fact; c) You made/caused to be made credit entries in the Jewel Loan Account of Sri Krishna Chandra Padhi showing closure of the account on February 19, 1981 and that when the irregularity was pointed out to you by the external auditors, you failed to produce the jewels for their verification and caused closure of the account on March 5, 1981 in suspicious circumstances."
(3.) The Articles of Charge so furnished preceded a notice asking for an explanation from the respondent and the dissatisfication of the disciplinary authority and on such explanation being furnished by him, along with the said charge-sheet a detail statement of imputations of misconduct on his part had been assessed. An Enquiry Officer was appointed to enquire into the allegation levelled against him.;