JUDGMENT

CHINNAPPA REDDY, J.:— Shri Phulel Singh had a savings account with the Nazaingarh branch of the Ambala Central Co-operative Bank Limited. A cheque for Rs. 4200/- purporting to have been signed by Shri Phulel Singh, drawn on the Ambala Central Co-operative Bank was presented through the Punjab & Sind Bank Limited, Dhulkot and the proceeds were, duly remitted to the letter bank. The account of Shri Phulel Singh was debited with that amount. Later when Shri Phulel Singh, presented his pass book, appropriate entries were made. Shri Phulel Singh objected to the entry relating to the debit of Rupees 4200/-. He alleged that he had never issued the cheque for Rs. 4200/- said to have been issued by him. A complaint was also lodged with the police. 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. A First Information Report was registered against him, but the case ended in discharge. In the meanwhile, the Managing Committee of the bank placed the appellant under suspension. Shri Hans Raj, and Assistant Manager was appointed to enquire into the matter in order to ascertain the genuineness of the complaint made by the customer. The appellant was advised to be present at the Naraingarh branch of the bank on July 29, 1974 in connection with the enquiry. No charge-sheet was ever issued to the appellant. The statement of the appellant was however recorded by the enquiry officer on July 29, 1974 along with the statements of several other persons, The enquiry officer submitted his report on August 21, 1974. The finding of the enquiry officer may be extracted here. 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 complaint of the applicant may be genuine." The enquiry officer thus indicated that there might be truth in the complaint of the customer that a bogus cheque was presented and his account debited with the amount. There was, however, no indication in the report that the appellant, Jai Bhagwan was guilty or had anything to do with the presentation of the bogus cheque. Thereafter, on January 31, 1975, the appellant was informed that his services had been terminated with immediate effect. No reason was mentioned in the order terminating the services at the appellant. We have no information nor was his learned counsel in a position to tell us as to any immediate steps taken by the appellant to question the order of termination of his services. But he did ultimately raise an industrial dispute and by an order dated Dec. 15, 1980 the Governor 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? If not, to what relief is he entitled?"

2. Even from the brief narration of facts, it is obvious that there was a total breach of the principles of natural justice. The appellant was never asked to answer any charges, there was no enquiry against him, no notice was issued to him to show cause why his services should not be terminated and even the order terminating his services failed to mention any reason. The order terminating the services of the appellant was wholly unsustainable. 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 bank made an effort by adducing the evidence of three witnesses MW-I, the Establishment Officer, MW-II, Assistant Manager, Karnal and MW-III, the Enquiry Officer, none of whom could either prove that the cheque was a forgery or that it had been presented by the appellant. Shri Phulel Singh who would have been the most crucial witness, was no