CENTRAL BANK OF INDIA Vs. RAMESHCHANDRA PANDEY
LAWS(ALL)-2019-2-327
HIGH COURT OF ALLAHABAD
Decided on February 13,2019

CENTRAL BANK OF INDIA Appellant
VERSUS
Rameshchandra Pandey Respondents


Referred Judgements :-

BIECCO LAWRIE LIMITED & ANR. VS. STATE OF WEST BENGAL & ANR. [REFERRED TO]
S L KAPOOR VS. JAGMOHAN [REFERRED TO]
KARNATAKA STATE ROAD TRANSPOART CORPO VS. S G KOTTURAPPA [REFERRED TO]


JUDGEMENT

Pankaj Mithal, Saumitra Dayal Singh, J. - (1.)Heard Shri Abhishek Tandon, learned counsel for the appellant-bank and Shri O.P. Singh, learned senior counsel and Shri R.C. Pandey for the delinquent-respondent.
(2.)This intra-court appeal has been filed by the Central Bank of India-the contesting respondent, in Writ-A No. 14246 of 1984 (Ramesh Chandra Pandey Vs. Union of India and Ors.). It arises from the judgment of the learned Single Judge dated 30 March 2018, by which the punishment order dated 02.01.1982, passed by the disciplinary authority and the order dated 16.04.1984 passed by the appellate authority (dismissing the appeal of the delinquent/petitioner), have been quashed. Further, a direction has been issued for payment of 50 percent of the arrears of salary, to the delinquent-respondent.
(3.)Briefly, the delinquent/petitioner was working on the post of Clerk-cum-Assistant Cashier with the appellant bank at its Ramkola Branch, Deoria. On 05.01.1981, he was served with a charge sheet containing five charges. Relevant to the decision in the present appeal, charge nos. 2, 3 and 5 are quoted below:
2. That Sri R.C. Pandey working as temporary special Asstt. at Rakhola Branch on 21.07.80 closed the HS A/c No. 1951 of Sri Baij Nath Mishra after applying interest thereon and passed the withdrawal for the entire balance i.e. Rs. 607.88 which though signed by the son of the account holder but purported to have been signed by Sri Baij Nath Misra himself. It was in the knowledge of Sri Pandey that Sri Baij Nath Misra had already died later when this wrongful act of Mr. Pandey was discovered the father of Sri Baij Nath Misra was forced by him to refund of Sri Baij Nath Misra was forced by him to refund the amount to the Bank and such amount i.e. Rs. 607.80 as refunded by him is held in sundry creditors a/c of C/D Misc. Ledger of the Bank since 16.09.80. Sri Pandey is charged with cross misconduct for the above act under para 19.5.(j) of the second Bipartite settlement dated 10.10.66.

3. That Sri R.C. Pandey while making payment of withdrawal for Rs. 607.88 described under charged No. 2 hereof further got alteration done in the original signature card of HSS A/c No. 1951 if Sri Baij Nath Misra so that it could tally with the forged signatures of his father The act of Mr. Pandey is charged with gross misconduct under para 19.5 (j) of the Second Bipartite settlement dated 19.10.66.

5. That Mr. S.C. Pandey while working as a temporary special Asstt. At Ramkola Branch on 06.07.79 transferred to his own account a sum of Rs. 531.48 from the RSS A/c of Sri H.D. Sharma (Staff) without any debit authority or written request of Mr. Sharma. The act of Mr. Pandey is charged with gross misconduct under 19.5(j) of the Second Bipartite Settlement dated 19.10.1966."



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