Amareshwar Sahay, J. - (1.) Heard the parties.
(2.) The petitioner was staff clerk cashier of Bank of India and was posted at Sunder Nagar Branch, Jamshedpur. He was departmentally proceeded for the following charges:- i. On 20.03.1991, he accepted a sum of Rs. 10,000/- in his official capacity from one Budhram Soy, a Saving Bank Account holder, who was introduced to the Branch by him on 21.11.90 for depositing in his S/B Account No. 3200. With dishonest intention and to cause wrongful pecuniary gain, he did not deposit the said sum in the Branch and instead made a fictitious credit entry of Rs. 10,000/-, dated 20.03.1991 in the Saving Bank Ledger Folio No. 150, in which the said S/B Account was opened. Further, to avoid any complaint from the customer, he issued to him a counter folio duly signed by him in token of his having accepted the said sum and made similar fictitious credit entry in his Pass Book also. In respect of the said fictitious ledger entry made by him, a letter dated 11.05.1991 was issued to him by the Manager of Sunder Nagar Branch that he was depositing said sum of Rs. 10,000/- on 11.05.1991 and, accordingly, deposited the amount in cash on 11.05.1991 ostensibly to cover up his fraudulent act. ii. He accepted in his official capacity a sum of Rs. 2,000/- from one S.K. Pani, a customer for crediting in his S/B Account No. 3006 maintained with the Branch. He, however, with a dishonest intention and to cause wrongful pecuniary gain to himself, did not deposit the said sum in the Branch and instead made a fictitious credit entry of Rs. 2,000/- in the Savings Bank Account No. 3006 with Sunder Nagar Branch. Because of the customer's insistence, the Branch had to credit the sum of Rs. 2,000/- in his S/B Account on 19.11.1991 to the debit of the Branch's G/L Suspense A/C, which was finally adjusted by debiting his S/B Account No. 407 on 28.11.91 as per the request made by him to the Manager, vide his letter dated 5.9.91.
(3.) The petitioner was put under suspension which he challenged by filing a writ petition before this Court in C.W.J.C. No. 1787 of 1997 making his grievance that though he was put under suspension as far back as in June, 1991 yet the departmental proceeding was not being concluded. By Order dated 07.07.1997 (Annexure-1), the above mentioned writ petition was disposed of directing the respondent authorities to conclude the departmental proceedings and pass final order as early as possible preferably within a period of six weeks from the date of receipt/ production of a copy of the said order.;