I.P.MUKERJI,J. - (1.) This case has some uncommon features. The appellant was an employee of the respondent United Bank of India at Siliguri. The branch, where he worked had a customer Mrinal Kanti Ghosh whose account number was 4901.He alleged that on 13th September, 1993, Rs. 23,000/- was missing from that account. The appellant was charged by the bank with misappropriation of the amount, by forgoing the withdrawal slip of that account holder. Disciplinary proceedings were started against him. In or about November, 1993 one Sunil Kumar Sarkar, Secretary of the Association for Prevention of Corruption filed an application under section 156(3) of the Criminal Procedure Code, 1973 before the Sub-Additional Judicial Magistrate alleging that the above offence was committed by the appellant. He was charged under Section 460 and 420 of the Indian Penal Code. The learned Judicial Magistrate in his judgment and order dated 30th April, 2010 indicated that the following points fell for his determination: "1. Whether the accused person forged one Savings Bank Account withdrawal farm of UBI by putting the forged signature of Sri Mrinal Kanti Ghosh with instant to commit cheating as alleged? 2. Whether the accused person cheated Mrinal Kanti Ghosh by way of forgoing his signature in the saving Bank withdrawal form of UBI and withdrew Rs. 23,000/- from Saving Bank Account No.4901?"
(2.) On 11th November, 1993 the appellant was placed under suspension. On 30th March, 1994 a show cause notice was issued by the bank to the appellant asking for an explanation. On 13th April, 1994 the petitioner filed a reply denying all allegations.
(3.) On 1st August, 1994 a departmental enquiry was initiated against the appellant on the above allegations. He alleged that no opportunity of hearing was given to him. Mr. Majumdar for the bank submits that in spite of notice he did appear upto 25th February, 1995, when the enquiry report was signed on 23rd September, 2001 the suspension of the appellant was withdrawn. The appellant made his representation against the enquiry report. On 19th August, 2002 on the basis of the enquiry report the bank proposed to terminate his service. On 30th August, 2002 he replied to the show cause notice asking him if he had anything to say on the proposed punishment. On 7th February, 2003 he was removed from service.;