Shree Chandrashekhar, J. - (1.) Challenge by the petitioner is to the punishment of compulsory retirement, but with superannuation benefits, that is, pension and/or provident fund and gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant time. The penalty order dated 18.07.2007, however, absolves the petitioner from disqualification for future employment.
(2.) The petitioner was appointed under the respondentBank on 13.12.1976 on the post of CashiercumAccounts Clerk. While posted as Special Assistant on 20.06.1994 he was placed under suspension. Chargememo dated 17.11.1994 which was served upon the petitioner contained the following charges : "I. During your tenure at Bank's Hunterganj Branch you permitted withdrawals to a third party in S/B A/C No. 3611 of Md. Shariff in contravention of the banking norms and unauthorizedly allowed transfer entries from the above account of the account holder. (a) on 25.06.97 you permitted a withdrawal of Rs. 10,000/ from S/B A/C No. 3611 of Md. Shariff to a third party by means of a withdrawal slip, without accompanied by the pass book, violating the rules of the bank, (b) on 16.10.1987 you permitted a withdrawal of Rs. 12,000/ from the same S/B A/C No. 3611 of Md. Shariff to a third party by means of a withdrawal slip without any supporting pass book, violating the rules of the bank, (c) On 08.08.1987 you prepared a set of transfer voucher of Rs. 3,000/ from S/B A/C No. 3611 of Md. Shariff to S/B A/C No. 197 of Md. Tahir Hussain, son of the account holder. The above transfer transactions were allowed by you on the strength of a letter of authority purportedly signed by the account holder Md. Shariff. Subsequently, it was reported that the same authority letter was neither signed by the account holder not were you authorised for that transfer entry transaction. The account holder had subsequently denied having signed the said authority letter and sign there on the said authority letter bear certain variations when compared with specimen signature of the account holder. Thus you unauthorisedly allowed transfer entries from the above account no. 3611 of the account holder. II. During your tenure at Bank's Ramgarh Cantt Branch on 16.02.94 you deposited a cheque bearing No. 046539 dated 16.02.94 of United Bank of India, Ramgarh Cantt. Branch for Rs. 16,616.70 in the S/B Joint Account of your wife and children (S/B A/C No. 7798). The cheque was sent for collection through clearing house, However, on the same day i.e. on 16.02.94 you posted a withdrawal slip for Rs. 15,000/ in the same account and allowed withdrawal from the same Joint Account without the permission of the Manager. As per normal rules and practice, Bank does not allow any withdrawal against clearing cheque on the same day without the specific permission of the Manager. Thus you exceeded you authority and extended undue accommodation to your wife in the matter of effecting withdrawal from her account against the clearing cheque on same day it is deposited and sent for collection, and violated the norms and practices of Bank. III. During your tenure at Bank's Ramgarh Cantt. Branch, you have entered into fraudulent transactions and have withdrawn money unauthorisedly from the customer's account on different occasions, dishonestly, in the following manner : (i) S/B A/C No. 6696 of Md. Ataul Haque : You issued a cheque book containing leaves bearing nos. from 93781 to 93790 in the captioned account of Md. Ataul Haque without obtaining the requisition slip from the account holder Shri Haque. Thereafter, you used the first leaf of the cheque book i.e. cheque no. 93781 and handed over the same to one of your relatives Mustaq Ahmad who in turn collected the above fraudulent amount of Rs. 15,000/ through his S/B A/C No. 5829 with Central Bank of India on 06.04.1994. The above cheque was cancelled by you, when it came for collection from Central Bank of India. The signature of the drawer on the said cheque considerably differs when compared with Ataul Haque's specimen signature appearing on Bank's records. Thus you involved yourself in fraudulent transaction and defrauded bank's account holder Shri Ataul Haque. (ii) S/B A/C No. 7463 of Md. Tahseem (Minor) S/o Md. Ataul Haque : You issued a cheque book containing leaves bearing nos. from 948851 to 948875 in the captioned account of Md. Tahseem without obtaining the requisition slip from the account holder. You handed over a cheque no. 948851 for Rs. 10,000/ fraudulently drawn on the above account to your relative Mustaq Ahmad who in turn collected the cheque through his S/B A/C No. 5829 with Central Bank of India, Ramgarh Cantt. Branch and the date of withdrawal was 24.08.1992. Similarly you have used two other cheque leaves from the above cheque book fraudulently issued, and you have withdrawn Rs. 10,000/ through cheque no. 948855 dated 11.01.93 and 650/ through cheque no. 948856 dated 10.03.93 and directly obtained the proceeds of the cheques in two occasions by signing on the reverse of the cheque leaves. The account holder had neither applied for the cheque book nor had issued the above stated three cheques as referred above, on any occasion. Thus you have entered into fraudulent transactions in connivance with outsiders i.e. your relatives and withdrawn money from the Bank's customer's account dishonestly in utter disregard to the norms of the Bank.
(3.) The enquiring officer submitted enquiry report dated 15.09.1995 finding charges I(a), I(b) and II not proved, charge nos. I(c), III(i) and III(ii) were found proved. The disciplinary authority passed the order of dismissal from service on 17.11.1995 and appeal preferred by the petitioner against the said order of dismissal was rejected by the appellate authority by an order dated 30.07.1996. Aggrieved, the petitioner approached the industrial tribunal under Reference Case No. 100 of 1997 which while answering the reference passed award dated 17.05.2004. The tribunal found action of the respondentBank in dismissing the petitioner from service justified. The petitioner came to this Court challenging the penalty order and the award dated 17.05.2004 by filing Writ Petition (Service) No. 5927 of 2004.;