V. KAMESWAR RAO, J

1. The present petition has been filed by the petitioner challenging the Inquiry Report and the orders dated August 2, 2004, January 31, 2005 and May 10, 2005 whereby the charges framed against the petitioner have been proved in the Inquiry Report and the petitioner was imposed the penalty of dismissal by the Disciplinary Authority (vide order dated January, 31 2005) and the appeal against the said order was dismissed by the Appellate Authority (May 10, 2005).

2. Some of the facts are, a charge-sheet was issued to the petitioner on September 12, 2003 which in substance included the following allegations:

“A “difference A/c” with a credit balance of Rs.1,36,868.43 was opened in the FDR ledger No.4 on folio No.12 on 30.09.1992 in violation of the rules/guidelines of the Bank. The difference account was shown separately in the balance book of FDR ledger No.4 as on 30.09.1992. While opening the FDR difference A/c, prior written permission of the higher authorities was not sought/obtained. The outstanding balance of Rs.1,41,492.43 in the difference account was finally liquidated by debiting full amount in the account without date of the entry. It was observed that a sum of Rs.1 Lac was fraudulently siphoned off from the FDR “Difference A/c” maintained at the Branch, through the SB A/c No.5116 in the name Shri Naveen Mehta, a dormant a/c till then, which was subsequently activated by Shri Bhupinder Singh. Shri Naveen Mehta denied having deposited any amount in his SB A/c 5116 at the Branch for reviving the a/c.

The balance updation programme was, used without any base, in the most unauthorized/unjustifed/unfair manner, abusing his positno as Senior Branch Manager.

The balance in the Current A/c No.1713 of M/s Grace Incorporated was increased/inflated by Rs.1,00,000/- by using the “Balance Updation Programee” on 21.06.1993 (after taking down of balances) or on 22.06.1993. Thereafter, on 02.07.1993, a sum of Rs.1,00,000/- was transferred from the Current A/c No.1713 in the name of M/s Grace Incorporated to the Current A/c No.1751 of Jukie (India) Private Limited. On 12.08.1993 from the Current A/c No.1751 of Jukie (India) Private Limited, a sum of Rs.50,000/- was transferred to Current A/c No.1775 of M/s S S Padam & Company, which was opened on that day. The cheque for Rs.50,000/- in the Current A/c No. 1751 of Jukie (India) Private Limited as well as the paying-in-slip (credit voucher) for Rs.50,000/- in the current a/c No.1775 of M/s S.S. Padam & Company were both passed by Shri Bhupinder Singh, singly without the initials of any other officer.

On 13.08.1993 (i.e. the next day), this amount of Rs.50,000/- was withdrawn from this account (Current Account No. No.1775 of M/s S S Padam & Co) alongwith Rs.1,50,040/- from their Demand Loan A/c (both cheques signed by M/s S S Padam & Co) for issuing one DD favouring Riat Sons, drawn on Ludhiana Branch. A loose cheque No.225046 in the Current A/c No. 1775 was issued by Shri Singh on 13.08.1993. The said loose cheque in the Current A/c No. No.1775 of M/s S S Padam & Co for Rs.50,000/- and the Demand Loan Cheque for Rs.1,50,040/- as also the Demand Draft voucher for Rs.2,00,000/- were all passed/signed by Shri Singh singly, without the initials of any other officer of the Branch.

A Demand Loan for Rs.2,00,000/- was sanctioned by Shri Bhupinder Singh to M/s S S Padam & Co. a newly opened account where a margin of 25% was stipulated. However, it is evident from the series of events/transactions as mentioned above that Shri Singh arranged this 25% margin (i.e Rs.50,000/-) for M/s S S Padam & Co. by way of transfer of the said sum of Rs.50,000/- from the account of Jukie (India Private Limited, which in turn had received credit of Rs.1,00,000/- by way of a transfer of Rs.1,00,000/- to their (Jukie (India) Pvt. Ltd.) A/c from M/s Grace Incorporated, where an unauthorize