JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

1. The judgment dated 12.09.2008 in LPA No. 553 of 2008 passed by the Division Bench of the High Court of Delhi is called in question in this appeal.

2. Brief facts leading to this appeal are:

The respondent – Lalit Popli, who is now dead and represented through his legal heirs, was employed as a clerk in appellant’s bank and was dismissed from service on 30.06.1995, consequent upon a departmental enquiry in which he was found guilty of fraudulently withdrawing an amount of Rs.1,07,000/-from the saving account of a customer. The Manager of the Bank (Shri Meenakshisundaram), an officer (Shri S.S. Bhutani) as well as Special Assistant (Shri Rakesh Tyagi) was also indicted and they were also found guilty of negligence in relation to the very same incident. The disciplinary authority by its order dated 18th September, 1994 awarded the punishment of ‘censure’ to the Manager of the Bank (Shri Meenakshisundaram) and ordered recovery of Rs.77,000/-from him. Likewise, the disciplinary authority by its order dated 23rd January, 1995 awarded the punishment of ‘censure’ to Shri S.S. Bhutani and Shri Rakesh Tyagi and ordered recovery of Rs.15,000/-from each