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2008 Supreme(Pat) 1217

AJAY KUMAR TRIPATHI
Chandra Bhushan Pd. Srivastava – Appellant
Versus
Union Of India – Respondent


Judgment

1. Petitioner was a clerk-cum-cashier at the relevant time posted in Bikram Branch, in the district of Patna. During his tenure of posting between 23.7.1992 and 24.1.2003 certain serious lapses amounting to misconduct was detected which compelled the respondents to draw up charge- sheet against him. Charges are detailed in charge-sheet contained in Annexure-1 and they are four of them. Some essence of the charges are that on a deposit made by one customer of Rs. 80,000/- two FDRs of the same amount in same name was produced by the petitioner having two different serial numbers. Thereafter the said FDRs have been used to procure loans from the Bank and shown to have been taken by one customer namely, Sajandhari Singh. When subsequently he was confronted by the branch for non-payment of the two loans a complaint was made by him protesting and denying the fact that he had taken the two loans in question with the FDRs concerned. A detailed enquiry came to be held against the petitioner. Evidence both oral and documentary were led in the matter. The enquiry officer after considering all the evidence came to a concluded finding that the petitioner was guilty of all the four charg



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