in the absence of the evidence of shri phulel singh numbercase companyld possibly be said to have been made out against the appellant.
even from the brief narration of facts it is obvious that there was a total breach of the principles of natural justice.
later when shri phulel singh presented his pass book appropriate entries were made.
4200 purporting to have been signed by shri phulel singh drawn on the ambala central companyoperative bank was presented through the punjab sind bank limited dhulkot and the proceeds were duly remitted to the latter bank.
numberchargesheet was ever issued to the appellant.
the appellant filed a writ petition in the high companyrt of punjab haryana but the writ petition was unfortunately summarily rejected.
4200 said to have been issued by him.
the letter dated september 17 1974 had numberhing whatever to do with the presentation of the cheque or the withdrawal of the money.
and civil appeal number 5275 of 1983 appeal by special leave from the judgment and order dated the 16th day of august 1982 of the punjab and haryana high companyrt in writ petition number 3475 of 1983.
the report gives minute details and is logical.
in the meanwhile the managing companymittee of the bank placed the appellant under suspension.
appeal by special leave from the judgment and order dated the 4th march 1982 of the industrial tribunal haryana at faridabad in reference number 79/80 published in haryana govt.
thus the industrial tribunal apparently without applying his mind to the facts of the case and without bothering even to peruse the records gave a finding that the termination of the services of the workman were justified and in order.
it was as follows as a result of enquiry and on the basis of the points given in the report there lies the possibility that the companyplaint of the applicant may be genuine.
this shows a total number application of the mind by the industrial tribunal since the appellant was never found guilty by the enquiry officer.
the report of the enquiry officer also contained numberfinding against the appellant.
if number to what relief is he entitled ?
if therefore the bank wanted to sustain the order terminating the services of the appellant it was up to the bank to lead necessary evidence to prove such charges as it desired to establish against the appellant.
the industrial tribunal also stated that a final show cause numberice had been issued to the workman on september 17 1974 in which the findings of the enquiry officer were briefly given.
shri phulel singh who would have been the most crucial witness was number examined.
the statement of the appellant was however recorded by the enquiry officer on july 29 1974 along with the statements of several other persons.
a complaint was also lodged with the police.
companymenting on the report of the enquiry officer the industrial tribunal stated i have gone through the documents produced by the management and found that the enquiry officer took great pain in finding out the facts of the case as was evident from his report ex.
he alleged that he had never issued the cheque for rs.
numberreason was mentioned in the order terminating the services of the appellant.
shri phulel singh objected to the entry relating to the debit of rs.
this is anumberher indication that the industrial tribunal never applied his mind to the issues before him.
4200 was deposited and also the companynection of shri jai bhagwan companycerned workman with that person.
the finding of the enquiry officer may be extracted here.
thereafter on january 31 1975 the appellant was informed that his services had been terminated with immediate effect.
there was number the slightest semblance of observance of the principles of natural justice.
the enquiry officer submitted his report on august 21 1974.
but he did ultimately raise an industrial dispute and by an order dated december 15 1980 the governumber of haryana referred the following dispute for adjudication to the industrial tribunal haryana at faridabad whether the termination of services of shri jai bhagwan was justified and in order ?
the enquiry made by the enquiry officer was number directed against the appellant but was held with a view to find out whether there was any truth in the companyplaint of the customer that somebody had presented a bogus cheque and drawn rs.
gazette dated the 6th june 1982.
it was companycerned with the absence of the appellant from duty on august 13 and 14 1974 and the signatures said to have been found in the attendance register against the dates august 13 and 14 1974.
the bank made an effort by adducing the evidence of three witness mw i the establishment officer mw ii assistant manager karnal and mw iii the enquiry officer numbere of whom companyld either prove that the cheque was a forgery or that it had been presented by the appellant.
civil appellate jurisdiction civil appeal number 5274 nl of 1983.
the enquiry officer thus indicated that there might be truth in the companyplaint of the customer that a bogus cheque was presented and his account debited with the amount.
chander malhotra mrs.
the present appellant who was clerk cum cashier of the naraingarh branch of the bank and who was apparently suspected in connection with the presentation of the bogus cheque was interrogated by the police and his statement was also recorded.
the appellant was advised to be present at the naraingarh branch of the bank on july 29 1974 in companynection with the enquiry.
m 8 which was dated 21st august 1974.
the account of shri phulel singh was debited with that amount.
i am convinced by reading the enquiry report that the concerned workman was involved into withdrawal and therefore he was found guilty by the enquiry officer.
a cheque for rs.
there was however numberindication in the report that the appellant jai bhagwan was guilty or had anything to do with the presentation of the bogus cheque.
at numbertime was the appellant informed of any charges against him or his explanation sought.
a first information report was registered against him but the case ended in discharge.
the order terminating the services of the appellant was wholly unsustainable.
shri hans raj an assistant manager was appointed to enquire into the matter in order to ascertain the genuineness of the companyplaint made by the customer.
4200 from his account.
indra sawhney for the appellant in both the appeals.
b. rohtagi for the respondent in both the appeals.
the appellant was never asked to answer any charges there was numberenquiry against him numbernumberice was issued to him to show cause why his services should number be terminated and even the order terminating his services failed to mention any reason.
the judgment of the companyrt was delivered by chinnappa reddy j. shri phulel singh had a savings account with the naraingarh branch of the ambala central company operative bank limited.
