In domestic inquiries, the standard of proof is preponderance of probabilities; findings based on unreliable evidence are deemed perverse.

JUDGMENT :

1) Petitioner-Bank has filed the present petition challenging Part-II and Final Awards passed by the Central Government Industrial Tribunal, Mumbai (CGIT). By Part-II Award dated 28 May 1997, the CGIT held that the findings recorded by the enquiry officer were perverse. By Final Award dated 24 April 2012, the CGIT has set aside the order of dismissal from service dated 15 February 1993 and has directed reinstatement of the Respondent with 60% backwages.

2) Briefly stated, facts of the case are that Petitioner was formerly Dena Bank, a statutory corporation constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act VI of 1970. Dena bank has merged with Bank of Baroda. Respondent was impleaded as Typist-cum-Clerk and was posted at Dongri Branch of Dena Bank at the relevant time. It appears that on 14 September 1991, Respondent was asked to perform duties of Cashier on account of non- availability of regular Cashier. It appears that shortage of cash of Rs.10,000/- was detected with the Respondent on 14 September 1991. He was apparently transferred from Dongri Branch to City Regional Office. In order not to have any blot on him, Respondent made good the shortage on his personal account.

3) Show cause notice dated 4 November 1991 was issued to Respondent alleging that he misappropriated Rs. 10,000/- out of Rs. 50,000/- received from the account holder M/s. S.M. Jewellers by deliberately indicating erroneous figures of denomination on the reverse of the pay-in-slip. It was alleged that the Petitioner deliberately mentioned the cash particulars as Rs. 50 x 200 = 10,000 instead of Rs. 20,000. It was further alleged in the show cause notice that Shri. S.T. Suryawanshi, Clerk had reported late for duties and was advised by the Branch Manager not to sign the muster and to go home. That Respondent allowed Shri. S.T. Suryawanshi to sit with him in his cabin and handed over a cover/envelope containing two bundles of Rs. 50/- Notes totaling Rs.10,000/- to Shri. Suryawnashi and with instructions to deliver the same at his residence. This is how the charge of misappropriation of Bank’s money, commission of fraud on Bank and doing of act prejudicial to the interest of the Bank were leveled against the Respondent in the show cause notice dated 4 November 1991. Respondent refuted the charges by filing reply dated 7 December 1991, inter-alia , contending that he had already made good the shortage of Rs.10,000/- and that as per the Manual, in case of shortages, if the concerned employee makes good the shortage, no further action is to be taken against him. He denied having handed over any monies to Shri Suryawanshi. He also cried victimisation on account of his trade union activities.

4) It appears that enquiry was conducted by treating the show- cause notice dated 4 November 1991 as chargesheet. In the enquiry, Mr. Suryawanshi was examined, who deposed that Petitioner handed to him 2 bundles of Rs. 50 each totaling Rs.10,000/-, which he attempted to deliver at this residence on 14 September 1991 but could not find Respondent’s wife. That he got suspicious and approached the house of the Respondent again on 15 September 1991 in presence of three witnesses and in their presence, the bag containing two bundles of Rs.50/- was opened and handed over to the Respondent. The witness was cross-examined by the Respondent. The Enquiry Officer submitted his report holding the charges levelled against the Respondent to be proved. Respondent responded to the Report of the Enquiry Officer on 8 October 1992. The Petitioner-Bank thereafter proceeded to issue order dated 15 February 1993 imposing the punishment of dismissal from service on Respondent with immediate effect. He preferred Appeal dated 16 March 1993 before the Appellate Authority which was turned down on 10 August 1993. In the above background, Respondent raised demand for Reference through the Union and at his instance the Reference came to be made to the CGIT and reg