M.M. Kumar, J. - (1.) The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 18.02.2010 rendered by the learned Single Judge holding that the appellant has been rightly dismissed from service as he is found guilty of embezzlement and misappropriation in a regular departmental inquiry. A detailed reference has been made to the inquiry report. The fact that a copy of the inquiry report was not served on the appellant has also been taken into account by the learned Single Judge. It has come on record that the appellant was served with a charge-sheet dated 10.02.1992 (Annexure P-1). He has admitted his guilt in a written communication dated 16.09.1991 sent to the Chief Manager, Bank of India, Hall Bazar, Amritsar (Annexure P-2). There is a categorical confession and admission made in that communication. It would be profitable to read the communication which reads as under:- "I want to confess that Mr. Mohan Lal c/o Smt. Kamla Devi came in the bank on 1.5.1991 for depositing the money of Rs. 11,000/- in the a/c of Miss Madhu Vermani & Mrs. Kamla Vermani S/B A/c No. 24433. I gave him bogus receipt without actually depositing the above amount in the bank. I kept that amount with me for my own use and then he came a gain on 8th May, 1991 for getting the entry done in the pass book of the captioned a/c. I took the counterfoil issued earlier to him, destroyed the same and gave him another bogus counterfoil receipt for Rs. 11,000/- but again I did not deposit the above amount in the account. I took the pass book from him and kept it with me with updating the same. Once or twice Shri Mohan Lal again visited the bank and contacted me for getting the pass book back duly completed but I kept it with me. On 3rd or 4th of August, Shri Mohan Lal again came to me and I suggested him to get fixed deposit made for Rs. 10000/- each in the name of his wife and his own name, by withdrawing the amount from the above SB a/c. He agreed to it and I gave him DBD a/c opening form alongwith the deposit slips and two withdrawls for the signatures of his wife Mrs. Kamla Vermani in whose name the above a/c stands alongwith his daughter Miss Madhu Vermani. On 5th August Mr. Mohan Lal came to me and told me that his wife was away and as such he could not get his signature. Since she came back home next day, I accompanied Shri Mohan Lal to his house for getting the necessary signatures on the two a/c opening forms, two pay in slips and two withdrawls. I took the papers from Shri Mohan Lal and kept the same in my possession alongwith the pass book. On 23rd of August, 1991, I filled one of the bank withdrawl duly signed by Mrs. Kamla Vermani at the front as well as the back for Rs. 16,000/- and withdrew the money after signing the withdrawl at the back in token of having receipt the amount. I did not pass on this amount withdrawn by me to the depositor and kept the amount for my own use. On 14.9.1991 Shri Mohan Lal again contacted me for taking delivery of DBD's for Rs. 10000/- each along with the pass book. I did not deliver the DBD's as well as pass book. Today on 16.9.1991 Shri Mohan Lal reported the matter to you. Immediately after the matter was reported, I deposited Rs. 27,000/- in the captioned a/c to make good the loss to the customer by way of two paying slips of Rs. 11,000/- and Rs. 16,000/-. This amount of Rs. 27,000/- which I deposited immediately belonged to Shri Subhash Chander a/c No. 8389 who had come to the bank in the morning to deposit Rs. 65,000/- in his above a/c. I issued him the counterfoil for Rs. 65,000/- while accepting the cash, but the voucher which I later handed over to you at 11.30. The voucher was not scrolled and it bears my signature for Rs. 65,000/- with the payment stamp marked over it instead of receipt stamp. Since this transaction was not vested, then, I kept the balance amount Rs. 38,000/-with the bank in the drawer after depositing Rs. 27,000/- in a/c No. 24433 of Miss. Madhu Vermani and Mrs. Kamla Vermani. On surprise check at 11.30 A.M. by Shri R.K.Behl Rs. 38,000/- cash was found excess. This amount was deposited in the Sundry deposit, immediately. To make up the loss of Shri Subhash Chander a/c No. 8389, I deposited Rs. 27,000/- from my own sources. As such, I compensated both the a/c holders in full and there is no loss to the customer as well as the bank. [emphasis added]. This is the first time that I have misutilised the customer/bank's funds and never in the past I have done this wrong by mistake. Since I have compensated the loss of the customer and also I have confessed my guilt, I humbly request you to please pardon me for this act. I assure you I will never do in my future. This statement is made by me without any fear or pressure. I hope you take this matter sympathetically and forgive me. Thanking you, Yours faithfully, Sd/-Harbans Lal 16.9.1991."
(2.) The bank did not feel content with his confession and served upon him statement of allegations and charge-sheet, then a regular departmental inquiry was conducted and he was found guilty of all the charges. The findings are well based and are supported by evidence in addition to confessional statement. There is ample supporting evidence in addition to confession of the appellant to sustain all the three charges and the supplementary charge.
(3.) The controversy which has arisen in this case is based on a show cause notice for proposed punishment (Annexure P-4). It has been urged that no notice was given inviting comments on the findings recorded by the Inquiry Officer nor a copy of the inquiry report was furnished. The form of notice is not in accordance with the requirement of rules. However, the punishment of dismissal has been imposed which was upheld by the learned Single Judge.;