JUDGMENT

Aftab Alam, J. —

SLP (CIVIL) NOS.20719-20720 OF 2008

1. Leave granted.

2. The respondent - M.C. Krishnappa is an employee of the appellant - State Bank of Mysore. He was originally inducted in the service of the bank in the clerical cadre but at the material time, by virtue of promotions, he was in the Junior Management Grade Scale-I. He was served with a charge sheet on September 25, 1990. The charges, in brief, were as under:-

“a) Prepared and passed a withdrawal slip for Rs.10,000/- on 29.05.1989 in the Savings Bank account No.4738 of Smt. Lalithamma despite being aware that there was no sufficient balance in the said account and derived pecuniary gain for himself.

“b) Caused fraudulent withdrawal of Rs.6,000/- on 02.03.1989 in the Savings Bank account No.941 of Shri N. Narayanappa, without posting the voucher in the said account and to conceal his acts, he had checked the ledgers on the day the voucher was passed.”

3. The charges were duly established in a departmental enquiry following which the disciplinary authority passed the order of his removal from service on February 8, 1993. The respondent made an appeal against the order passed by the disciplinary authority but