Judgment

BHARGAVA, J.: The Central Bank of India, Ltd., New Delhi, has filed this appeal, by special leave, challenging an order of the Industrial Tribunal, Delhi, refusing to accord approval to an order of dismissal of the respondent, Prakash Chand Jain, underSection33 (2) (b) of the Industrial Disputes Act (hereinafter referred to as "the Act"). A charge-sheet, containing two charges, was served on the respondent on 21st July, 1961 in order to initiate formally an enquiry for the purpose of taking disciplinary action against him. The two charges framed were as follows:-

"1. On 14-1-1960, a sum of Rs. 30,400 was paid to Mr. P. C. Jain by the Assistant Cashier Mr. Nand Kishore out of the cheque No. 43004 dated 14-1-1960 drawn by Messrs. Mool Chand Hari Kishan for Rs. 63,000. Taking this money Mr. P. C. Jain on the same day i. e., 14-1-1960 left for Muzaffarnagar in company of some persons to retire the following bills drawn by M/s. Gupta Iron Industries:-

Naya Bazar LBC 3 drawn on Puran Chand Rs. 5,100.

Naya Bazar LBC 5 drawn on Hiralal Shyam Rs. 4,950.

Thus it was within the knowledge of Shri P. C. Jain that the bills of Messrs. Gupta Iron Industries were drawn on bogus firms and tha