R. JAYASIMHABABU, J.

The second respondent was employed as a Clerk in Puraswalkam Branch of the petitioner-bank. On December 15, 1977 a demand draft dated November 12, 1977 issued by the National Bank of Omen Limited drawn in favour of one K. C. Appukuttan was brought to the bank by V. T. Lazar, who had an Account in the bank for being deposited in his Account that demand draft being the one which was payable to the payee named therein and that draft having been endorsed by the payee. The said draft was received by Francis Vincent, the second respondent herein, who issued the counterfoil of the challan to the said V. T. Lazar, which has been marked as Ex. M3 in the enquiry proceedings conducted against him. That challan disclosed that the demand draft, which had been made payable at the Bank of America was received from the said V. T. Lazar for being credited to the account of V. T. Lazar. The challan is dated December 15, 1977. To the misfortune of the said V. T. Lazar, that amount was not credited to the Account of V. T. Lazar. The second respondent Francis Vincent wrote down his own name, in the other part of challan as the person to whose Account, the proceeds were t