AMARESHWAR SAHAY, J. - (1.) HEARD the learned counsel for the parties.
(2.) THE petitioner, who was a head clerk in the State Bank of India, Bhawanathpur Branch in the district of Palamu, was proceeded departmentally for the following charges: - (i) He perpetrated a fraud amounting Rs.79,500/ - by making 8(eight) take credit entries in the Savings Bank Accounts with an ulterior motive and authenticated the resultant inflated balance arrived thereagainst in an unauthorized manner. The details of such credit entries are furnished in Annexure -I. (ii) He deliberately passed the withdrawals for payment in S.B. A/c. No. 4289, although it was known to him that these withdrawals presented to the counter for payment, were issued against the inflated balance arrived against the fake credit entries fraudulently made by him. Subsequently, among these, five withdrawals passed by him; he received cash payment for a total sum of Rs. 27,000/ - against the two withdrawals. The detailed particulars are furnished in Annexure -ll. (iii) On 24.9.94, while balancing the S.B. A/c, he deliberately taken the balances of S.B A/c No. 10055 and 1650 of S/Shri Majid Khan and Asha Tiwary and Dharanwant Sharma as Rs. 15,069 and Rs. 38,778.30 in the balance sheet where ledger sheets were showing balances of Rs. 30,069/ - and Rs. 43,778.30 respectively. Adopting such modus operandi, he gave false certificate as on 4.10.94 that all the S.B. A/cs had been balanced, although he knew that S.B. A/c Nos. 10002 and 1649 were showing debit balances. This manipulation for Rs. 20,000./ - was done by he in order to suppress the inflated balances though it has been created by he in the S.B. A/c Nos. 10002 and 1649 by inserting -fake credit entries for Rs. 15,000/ - and Rs. 5,000/ - on 8.7.94 and 24.8.94 respectively." The charge sheet served on the petitioner has been annexed as Annexure -3 to this application. For the said very offence a First Information Report was also lodged against the petitioner by the Branch Manager, State Bank, Bhawanathpur Branch, which was registered as Bhawanathpur P. S. Case No. 10 of 1996 under Sections 420 and 409 of the Indian Penal Code.
(3.) WHILE criminal case was pending, the petitioner was proceeded departmentally for the aforesaid charges. Enquiry Officer conducted the departmental enquiry, in which oral evidence as well as the documentary evidences were adduced on behalf of the parties and then enquiry officer on conclusion of the enquiry submitted its report as contained in Annexure -5, holding that the charges against the petitioner were proved and established. On the basis of the enquiry report, the Disciplinary authority by his order dated 29.11.1997 as contained in Annexure -9 to this writ application awarded punishment of dismissal from service to the petitioner after notice to the petitioner in terms of para 521(5)(a) of the Sastry Award as retained in Desai Award. The petitioner being aggrieved by the said order of punishment awarded by the Disciplinary authority preferred departmental appeal. The appellate authority by his detail speaking order dated 1.11.1999 as contained in Annexure -10 to this writ application dismissed the appeal.;