Judgment

S.B. Sinha, J.—These are two cross appeals between the parties. Canara Bank is appellant in Civil Appeal No. 1641 of 2004 and respondent in Civil Appeal No. 1642 of 2004. Shri Swapan Kumar Pani (hereinafter referred to as "the first respondent") is appellant in Civil Appeal No. 1642 of 2004 and first respondent in Civil Appeal No. 1641 of 2004.

2. The first respondent at all material time was working as Accountant, in Jajpur Road, Orissa Branch of Canara Bank, Calcutta (hereinafter referred to as ‘the Bank’). It is stated that in the said capacity he used to hold one set of keys of the locker of the bank. Another set of keys used to be in the custody of the Manager of the Bank. Admittedly on the ground that he had committed a misconduct, a departmental proceeding was proposed to be held in terms of Regulation 6 of the Canara Bank Officer Employees’ (Discipline & Appeal) Regulations, 1976 (Regulations) wherefor the following Articles of Charge were served on the first respondent :

"M/s Utkal Iron & Steel Industries is a Constituent of our Jajpur road Branch. They were sanctioned an M.L. Limit of Rs. 10.00 lakhs vide advances Section -I, C.O. Calcutta, letter CC: ADV- I:0069:84