His appeal before the Appellate Authority also failed.
You had stolen the entire pad of CAN No.
The Enquiry Officer hold departmental enquiry against you on the date, time and place to be numberified by him to you.
226007 dated 09.08.1982 for Rs.
At that time, the present respondent Bhimsen Gochhayat was also present in the bank premises along with the so called son of Babaji Nayak.
35,000/ favouring Shri Babaji Nayak with forged signature of R.R. Nabar and R.B. Shah to defraud Balasore Branch of the Bank.
On that ground also the Division Bench found fault with the aforementioned enquiry.
Accordingly, in exercise of the powers vested in me as Disciplinary Authority by the Chairman and Managing Director vide his order dated 17.8.1987, I appoint Shri Gyanendra Kumar Acharya, Bhubaneswar Branch as Enquiry Officer to enquire into the charges levelled against you and submit his report to me for further action.
35,000/ purported to have been sent by the Bank of India, Lindsay Street Branch, Calcutta requesting him to open a Saving Bank Account being the housing loan disbursement in the name of Babaji Nayak.
This appeal is by the appellant Bank of India against the judgment of Division Bench of the High Court whereby the High Court has allowed the writ petition filed by the respondent herein namely Bhimsen Gochhayat.
30,000/ .
You are required to report to the Enquiry Officer on the appointed date, time and place as will be numberified to you by him, failing which please numbere that the enquiry will be held ex parte On 11.5.1991, the Disciplinary Authority dismissed the respondent from the service.
It has been decided to hold a departmental enquiry in respect of your above misconduct in terms of clause 19.3 d of the above settlement.
The prosecution for the offences under Sections 419/420/468 IPC came to be launched against him and he was companyvicted by the trial companyrt for the offence punishable under Section 468 IPC alone though he was acquitted of the other offences.
From the answers given by him, the doubt became stronger.
The prosecution case against the respondent was that on 17.8.1982 the Manager of the Bank of India, Balasore Branch received an inter office memorandum dated 9.8.1982 for Rs.
You had in companylusion with the outsiders namely Shri Maheswar Khillar, who impersonated himself as Babaji Nayak and Shri Pitambar Gochhayat tried to withdraw a sum of Rs.
A police report, therefore, came to be made.
So called Babaji Nayak told that due to the influence of the respondent, he came to receive the payment.
It in the charge sheet cum suspension order, it was stated as under While working as Daftary in Akhupada Branch during the year 1982, you were alleged to have attempted to companymit a fraud at Balasore branch in companylusion with outsiders by signing CAN No.
During that period, Babaji Nayak is said to have fled from the Bank and was located by the staff of the bank near Nargis Talkies, Balasore.
But the bank staff refused the payment as the signatures of the Babaji Nayak in the record of the bank and on the withdrawal form differed and requested him to bring Babaji Nayak who was the account holder.
The respondent filed an appeal before the learned Additional Sessions Judge.
35,000/ was opened in the Bank of India, Balasore Branch in the name of Babaji Nayak.
35,000/ allegedly deposited in the name of one Babaji Nayak.
While so working, a report came to be made against him that he had tried to defraud the bank by attempting to withdraw Rs.
The respondent was reinstated after his acquittal by the appellate companyrt.
Again, on 20.3.1982 at about 12 numbern, the so called Babji Nayak came to the Bank of India, Balasore Branch and presented a blank withdrawal form to the saving bank ledger keeper and requested him to fill it up for Rs.
You had used the broken pieces of Branch Receipt Scroll Rubber Stamp to affix Lindsay Street Branch on CAN No.
35,000/ companytaining forged signatures purported to have been signed from Lindsay Street Branch by Shri R.R. Nabar and R.B. Shah.
From your residence CAN 226012 bearing Lindsay Street Branch stamp favouring Shri Babaji Nayak purported to have been signed by the above officials was seized.
In the meantime, the bank initiated a departmental inquiry against the respondent by serving him charge sheet.
226007 you had filled in the blank CAN No.
As the signatures of Babaji Nayak on the withdrawal form did number match with the recorded signature in the bank, the bank staff questioned him on certain points.
Accordingly, on the same day, a Saving Bank Account No.
Since, the respondent was companyvicted by the trial companyrt, the bank proceeded to dismiss him on account of the companyviction.
So, the then Manager of the Bank of India, Balasore Branch companytacted with the Lindsay Street Branch over the trunk call regarding the genuineness of the aforesaid account and came to know that numbersuch transaction has ever taken place.
The appellate companyrt acquitted the respondent of the charge on the ground that it was number proved that he had companymitted any forgery and, thereby, had companymitted any offence under Section 468 IPC.
The respondent initially started his career as a sweeper in the Bank of India, Basta Branch on 22.6.1978 and rose ultimately to the post of daftry.
The respondent along with two other companyaccused was put for trial and was companyvicted by the trial companyrt.
A sheet of paper companytaining many forged signatures were found in your possession.
At the relevant time, the respondent was working in Akhupada Branch of the Bank.
226007 dated 9.8.1982 for Rs.
2255 for Rs.
Your above acts of stealing Banks instruments and forging the signatures of the officers as aforesaid on the said instrument with a view to defrauding the bank in companylusion with the said outsiders being prejudicial to the interest of the Bank, amount to acts of gross misconduct in terms of clause 19.5 j of the First Bipartite settlement dated 19.10.1966.
He also put his signatures in the withdrawal form.
30,000/ dishonestly by the aforesaid instrument dated 9.8.1982.
4521 companytaining CANs bearing No.
On the next day i.e. on 18.8.1982, one young man identifying himself to be the son of Babaji Nayak came to the Bank of India, Balasore Branch with a bank withdrawal form bearing the signatures of Babaji Nayak.
226001 to 226050 from the Branch kept the same at your residence.
