Aniruddha Bose, CJ. - (1.) The appellant, who at the material point of time was a sub-staff with Canara Bank, Currency Chest Branch, Bistupur, Jamshedpur has been imposed punishment of compulsory retirement. Such punishment has been imposed on the basis of a departmental enquiry. The report of the enquiry officer was accepted by the disciplinary authority and thereafter confirmed in appeal by the appellate authority. Broadly, the allegations against the appellant was that he was accompanying a clerk, Mr. V.N.K.Tirkey, who was carrying cash of Rs. 5 lacs to T.R.F Extension Counter, Jamshedpur on 15th April, 2009, but the said cash never reached the TRF Extension Branch. The charge against the appellant leading to the departmental proceeding was:- "You were working at our Telco Colony branch, Jamshedpur from 30.06.2009 and have been placed under suspension w.e.f. 02.07.2009. Prior to that you were working at our Currency Chest, Jamshedpur from 26.11.2007 to 29.06.2009. It is reported that Currency Chest, Jamshedpur had remitted a sum of Rs. 5.00 Lakh (Rupees Five Lakh only) on 15.04.2009 to TRF Extension Counter, Jamshedpur (Since upgraded as branch) through you and Sri. V.N.K.Tirkey (46064), Clerk. While remitting cash to TRF Extension Counter, Jamshedpur, an acknowledgement was purported to have been obtained from Sr. Baishakhoo Kumbhar (16722), Clerk working at TRF Extension Counter, Jamshedpur for having received cash on duplicate copy of the BAR bearing No. 97/2009 dated 15.04.2009 (erroneously written as 16.04.2009) raised on TRF Extension Counter, Jamshedpur. Since branch advice was not received from TRF Extension Counter, Jamshedpur even after two months after remitting cash, Currency Chest, Jamshedpur contacted TRF Extension Counter, Jamshedpur over telephone and requested the officials working there at to send branch advice of Rs. 5.00 lakhs to square off the entry outstanding in the books of accounts of Currency Chest, Jamshedpur. In turn the officials working at TRF Extension Counter, Jamshedpur have informed that they have not received cash remittance of Rs. 5.00 lakhs on 15.04.2009. Consequently, Cash BAR bearing No. 97/2009 dated 15.04.2009 (erroneously) written as 16.04.2009)raised on TRF Extension Counter, Jamshedpur remains outstanding at Currency Chest, Jamshedpur. Upon conducting an investigation into the matter, the following lapses have been observed on your part:- While working as Driver-cum-Peon at Currency Chest, Jamshedpur, you had carried cash of Rs. 5.00 Lakhs along with Sri V.N.K.Tirkey (46064), Clerk for delivery to TRF Extension Counter, Jamshedpur on 15.04.2009 and purported to have been delivered to Sri Baishakhoo Kumabhar (16722), Clerk against obtaining his acknowledgement who was working in cash counter on that day whereas Sri Baishakhoo Kumabhar (16722), Clerk has stated that no such cash was received by him on 15.04.2009 said to be remitted from Currency Chest, Jamshedpur and thus, there are reasons to believe that cash of Rs. 5.00 Lakh has been embezzled by you either alone or in connivance with Sri V.N.K.Tireky (46064), Clerk. By your above acts, you have committed gross misconduct within the meaning of Chapter XI, Regulation 3, Clause (i) (j)(m) of Canara Bank Service Code."
(2.) The appellant denied the charge and before the enquiry officer he took the plea that he was only accompanying the clerk carrying the cash and was not directly involved in the actual delivery process. It transpires from the records, however that the receiving clerk in the TRF Extension Counter one Sri Baishakhoo Kumabhar had acknowledged the receipt thereof. According to the Bank Management the actual delivery date was 15th April, 2009, but from the charge it appears that the BAR had erroneously recorded the date as 16th April, 2009. These have been recorded in the memorandum of charge, itself, excerpts from which we have reproduced earlier in this judgment. Two witnesses were produced on behalf of the Management before the enquiry officer, Sri J.P.Keshri and Sri D.K.Kurli. The enquiry report however does not deal with the depositions of the management witnesses in any manner whatsoever. The enquiry officer gave its finding inter-alia in the following terms:- Recital of Charge and Findings. While working as Drive cum Peon at Currency Chest, Jamshedpur, you had carried cash of Rs. 5.00 Lakh along with Sri V.N.K.Tireky (46064), Clerk, for delivery to TRF Extension Counter, Jamshedpur on 15.04.2009 and purported to have been delivered to Sri Baishakhoo Kumbhar (16722), Clerk against obtaining his acknowledgement who was working in cash counter on that day whereas Sri Baishakhoo Kumbhar (16722), Clerk has pleaded that no such cash was received by him on 15.04.2009 said to be remitted from Currency Chest, Jamshedpur. Hence, there are reasons to believe that cash of Rs. 5.00 Lakh has been embezzled by you either alone or in connivance with Sri V.N.K.Tirkey (46064) Driver cum peon who accompanied with you. The MEXs submitted during the enquiry proceeding clearly indicates that cash was taken out from the BINs of Currency Chest, Jamshedpur, received by the CSE, carried by the CSE to TRF Extension Counter, Jamshedpur. As regards delivering cash at TRF Extension Counter, Jamshedpur, it is not roved beyond reasonable doubt that the cash was actually delivered to the cashier, Sri Baishakhoo Kumbhar, TRF Extension Counter, Jamshedpur. As such, the CSE cannot be absolve of the charge. The charge, therefore, is established.. "
(3.) The disciplinary authority accepted the finding of the enquiry officer. The contention of the appellant before the enquiry officer was dealt with by the disciplinary authority in the following manner:- "His contention that the duplicate acknowledged copy of the BAR No. 97 dated 15.04.2009 (erroneously written as 16.04.2009) for Rs. 5.00 Lakh bears the signature of Sri B.Kumbhar and the seal of TRF Extension Counter, Jamshedpur is also affixed there upon, Sri B.Kumbhar has nowhere stated that it is not his signature, the investigation report submitted by Sri C.R.Mohanty also does not say categorically that it has not been signed by Sri B.Kumbhar, nothing is there on record to say that the signature of Sri. B.Kumbhar and the seal of TRF Extension Counter, Jamshedpur on the acknowledged copy of BAR No. 97 are not genuine, are tenable. The fact remains that cash was not delivered to TRF Extension Counter, Jamshedpur. " ;