Biplab Kumar Sharma, J.

1. This writ petition is directed against the orders dated 30.11.2005 and 25.05.2006 respectively passed by the disciplinary and appellate authority of the respondent Bank discharging the petitioner from service with superannuation benefits. The petitioner while was serving as Assistant/Teller under the respondent Bank at Silchar was served with the following charge sheet dated 14.07.2003 with the allegation of defrauding the Bank by way of misappropriation in draft account.

ALLEGED MISAPPROPRIATION IN DRAFT ACCOUNT EXPLANATION

It has been alleged that while officiating as teller at Silchar Branch, you have defrauded the Bank by way of misappropriation in draft account. You have deposited less amount in draft account in respect of the under noted drafts and have issued drafts for higher amount. Thereby you have perpetrated fraud in Bank's drafts account. By your such action you have misutilised the teller draft issue system and exposed the bank to huge financial loss.

It is further alleged that you have prepared all the under noted draft vouchers as your handwriting is appearing in all the vouchers.

Please, therefore, submit your explanations within 15 days from the date of receipt of this explanation as to why appropriate disciplinary action will not be initiated against you for the aforesaid gross misconduct committed by you.

In case we fail to receive any reply from you within a period of 15 days from the receipt of this letter, it will be presumed that you have nothing to submit.

Sd/-

Lead District Manager

2. In response to the said charge sheet, the petitioner submitted his written statement on 26.09.2003 taking the plea of not defrauding the Bank by way of misappropriation in draft account, rather helping the Bank in recovering the amount from the purchaser by draft. However, in the said written statement he also stated that due to mental stress he could not recollect as to what actually happened and that discrepancies might had occurred due to such mental stress. For a ready reference, the said written statement dated 26.09.2003 is also reproduced below:

To,

Lead District Manager,

State Bank of India,

Lead Branch Office,

Haflong

Dear Sir,

Alleged Misappropriation

In Draft Account

Explanation

In response to your Memo No. LB/NCH/23/290 dated the 12th September 2003, most humbly and respectfully I beg to submit my explanation as under:

1. That Sir, I never defrauded the Bank by way of misappropriation in Draft account as alleged rather I helped the Bank in recovering the lesser amount from the purchasers of the Drafts, when the Assistant General Manger, State Bank of India, Regional office, Silchar called me at his chamber on 16.04.2003 and pointed out the discrepancies in I.O.R. and asked me to recover the difference amounts from the purchasers of Drafts. Accordingly, the amount recovered from the concerned purchasers and deposited the amount of Rs. 35,000/- by means of Banker's cheque No. 120027 dated 19.04.2003 for Rs. 31,000/- and Banker's cheque No. ..... dated 21.04.2003 for Rs. 4000/-.

2. That Sir, while going to office, I met a serious head injury due to a scooter accident in 1991 and I have been under medical treatment till now. Recently a symptom develops. I cannot realise what happens to me for a fraction of moment. The attending Doctor has advised me that this is a temporary affect of medicine which will subside automatically and also advised me to avoid mental stress and strain. During the material period, my youngest daughter was suffering from acute aliment leading to hospitalise her. Under the influence of medicine and mental stress and strain due to hospitalisation of my youngest daughter, I cannot recollect exactly what happened during the material period.

3. In view of what has staged above, I have the honour to inform that since my joining I have been discharging my duties faithfully, diligently and honestly with full satisfaction of my superiors under whom I worked. The alleged discrepancy mi