- (1.) The petitioner bank has filed this Civil Writ Petition challenging the award dated 15.5.1997 (Annexure P1) vide which the Industrial Tribunal ordered reinstatement of the workman -respondent No.2 (Head Cashier) in service with full back wages with interest @12 % per annum, after converting the punishment of dismissal from service, into stoppage of one increment without cumulative effect.
(2.) Briefly, the facts of the case are that respondent No.2 was posted as a Head Cashier in the petitioner bank, in its Branch at Ambala Cantt. He obtained leave to avail the Leave Fare Concession from 16.4.1979 to 30.4.1979 and took an advance of Rs. 600/-. He availed his leave but did not perform any journey. Again on 19.7.1980, he applied for leave from 18.8.1980 to 1.9.1980 in order to avail Leave Fare Concession and took an advance of Rs. 2000/-for the purpose. This time, too, he availed leave but did not perform any journey. As he did not submit the requisite bills to the Bank, to substantiate the utilization of the Leave Fare Concession, memos dated 22.6.1979 and 27.9.1980 were issued to him by the Manager of the Bank for doing the needful viz. for submitting requisite bills in respect of the journeys which were to be performed by him with the money taken as advance. Explanation submitted by him thereto was that he could not perform journey on either of the two occasions, due to illness. The total amount of Rs. 2600/-taken as Leave Fare Concession advance, was, therefore, later, recovered from him, along with interest at the commercial rate i.e. @ 18% per annum (re: Para 10 of the impugned order).
(3.) The disciplinary authority also conducted a domestic enquiry against respondent No.2 (workman) into the charges of mis-appropriation of Leave Fare Concession Advance, held him guilty vide report Ex.W/1, and proposed the punishment of stoppage of one increment, for a period of six months, under para 19.8 (c) of the Bipartite Settlement. The quantum of punishment was, however, subsequently increased by the disciplinary authority at the instance of higher authority, vide Ex.W-2 dated 28.7.1982, and the penalty of dismissal from service was proposed under Clause 19.6(a) of the Bipartite Settlement. Ultimately, the disciplinary authority awarded the punishment of dismissal from service to him vide order dated 13.10.1982.;