The Chief Justice:

This writ appeal has been filed against the order of the learned single Judge dated 12.03.2002.

2. We have heard learned counsel for the parties and perused the record.

3. The respondent was a clerk in the service of the appellant/bank, and he was also the Vice President of the Indian Bank Employees’ Union (IBEU) which had a Current Account in the same bank. The respondent was given charge sheet dated 08.03.1997 alleging that on 18.01.1996 he had opened a Savings Bank Account in the name and style of S. Madhavan, Organiser, Indian Bank Employees’ Union (M.L.)/S.B.A/c.No.16270 at the Tiruppur Branch of the bank. It was further alleged that he had collected and retained 11 cheques in his capacity as Vice President of the Indian Bank Employees’ Union. He was Vice President of I.B.E.U only till 18.12.1995 when he lost the election. Hence, he should have returned the cheques to I.B.E.U., but instead a new S.B. Account No.16270 was opened by him on 18.01.1996 in the name of ‘S.Madhavan, Organiser, I.B.E.U. (M.L.)’. It was further alleged that he had managed to get collected the proceeds of the above said 11 cheques which were really payable to Indian Bank Emp