D S RATRE Vs. BILASPUR RAIPUR KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) THE present petition filed under Article 226/227of the Constitution of India impugns the order dated 31.3.1995 (Annexure P/1) whereby the petitioner was removed from service.

(2.) THE undisputed facts in nutshell are that, on 21.10.1993 (Annexure P/3) the petitioner was served with a charge sheet to submit his reply within a period of 10 days from the date of receipt of the charge sheet, containing two charges, firstly, the petitioner received a sum of Rs. 9000/- on 7.12.1992 while working as Clerk-cum-Cashier from the Customer (Shri Narayan Patel) and not deposited the same in the Bank before 30.1.1993, and secondly, that the petitioner in order to benefit him and to serve his interest sold the hypothecated vehicle without closure of the Loan Account No. DL/V/2/89 and without discharging the liability of making payment to the Bank before 24.2.1993. The above stated conduct of the petitioner was treated as grave misconduct under Regulation 30 1) of the Bilaspur Raipur Kshetriya Gramin Bank Staff Service Regulations, 1980.

(3.) THE enquiry was conducted by one Shri G. K. Sharma. The Enquiry Officer, who after having examined all the documents produced by both the parties and considering two witnesses produced by the Bank and one witness produced by the delinquent employee i.e. the petitioner, came to the conclusion that the customer (complainant) Shri Narayan Patel deposited a sum of Rs. 1000/- on 7.12.1992 with the petitioner, who was working as Clerk-cum Cashier. The petitioner retained the money with him till 30th January, 1993 then the same was deposited through one Shri Laxmi Narayan. Accordingly fee charge No. 1 was found proved. The charge No. 2 was also found proved. The enquiry officer submitted his report on 17.10.1994.