TAPEN SEN, J. - (1.) THE Petitioner in this case has prayed for quashing the order of punishment dated 20.9.2002 as contained in Annexure -5 by which the Respondent No. 3 (Chief Manager -cumDisciplinary authority of the Bank of India, Ranchi) dismissed the Petitioner from service thereby confirming the proposal of such punishment given in the second show cause notice dated 14.9.2000. By reason of the aforementioned order, it was further directed that no amount over and above what has been paid to him by way of subsistence allowance was payable any further. The Petitioner further prays for quashing the appellate order dated 16.7.2001 passed by the Respondent No.
(2.) (Zonal Manager) confirming the order dated 20.9.2000. 2. Mr. A. K. Sinha, learned senior Advocate appearing for the Petitioner has submitted and stated that the Petitioner ensured that the Bank did not suffter any loss and with that object in mind, he therefore deposited the entire money in the Bank, albeit after some delay. In the backdrop of such an argument, the charges which were levelled against the Petitioner are necessary to be dealt with at the first instance.
(3.) THERE were two charges against the Petitioner. Charge No. 1 related to fraudulent misappropriation. The charge was that on 14.12.1999, the Petitioner had received a total amount of Rs. 1,85,538.35 Paise from the Bank's cash safe but at the end of the day, he submitted accounts which fell short by Rs. 57,299.97 Paise. However, on the next day Le. on 15.12.1999, he deposited the sum of Rs. 57,300.00. Thus the charge was that he had fraudulently misappropriated the sum of Rs. 57,299.97 Paise on 14.12.1999 although he made good the said amount by depositing the same on 15.12.1999.;