AMARESHWAR SAHAY,J. - (1.) THE petitioner was departmentally proceeded by the UCO Bank for the allegations that while he was posted as Assistant Manager (Cash) at Bermo Branch, received various amounts aggregating Rs. 28085/ - from 45 locker hirers on different dates for depositing towards their locker rent, but he did not account for these sum in bank books and did not deposit these money in the bank. Instead in violation of bank's rules and procedures unauthorisedly, most irregularly and fraudulently retained the amount aggregating Rs. 28085/ - with himself with an intent to cause wrongful gain to himself and wrongful loss to the bank and thereby failed to discharge his duties with utmost integrity, honesty and derived pecuniary benefit for himself. The second charge was that he in complete violation of Bank's and procedures most irregularly issued acknowledgment of receipt of cash to the locker hirers and also made corresponding fake entries in the locker rent received register, for the amount fraudulently retained by him.
(2.) BY the terms of enquiry report contained in Annesxure -4 to this writ petition both the charges were held to be proved against the petitioner. On the basis of the said enquiry report, the Disciplinary Authority, i.e. the Dy. General Manager by his order dated 05/11/1998, contained in Annexure -6 by a reasoned order imposed major penalty on the petitioner of compulsory retirement from service and for recovery of the amount of Rs. 28085=00 from his terminal benefits.
(3.) THE petitioner thereafter preferred appeal, which was dismissed by order dated 16/09/1999, contained in Annexure -8 to this writ application.;