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2011 Supreme(All) 2598

DILIP GUPTA
ANIL KUMAR – Appellant
Versus
ASSISTANT GENERAL MANAGER/DISCIPLINARY AUTHORITY, INDIA BANK, CIRCLE OFFICE VIGILANCE CELL, LUCKNOW – Respondent


Advocates:
Abhishek Mishra and K.N. Mishra for the Petitioner; R.B. Bahai and A.S.G.I. for the Respondents.

JUDGMENT

Hon’ble Dilip Gupta, J.—The petitioner, who was appointed as a Driver-cum-Peon in the Indian Bank and posted in Branch Tijori district Meerut at the relevant time, has sought the quashing of the order dated 30th September, 2010 passed by the Assistant General Manager by which he has been dismissed from service. The petitioner has also sought the quashing of the order dated 4th June, 2011 by which the appeal filed by him for setting aside the aforesaid order was dismissed.

2. It transpires that on 5th May, 2009 directions were issued to the petitioner, when he was deputed as a Cash Peon in the Currency Chest of the Bank at Meerut, to carry forty bundles of Rs. 100/- notes from the Chest Vault to the Sorting Hall. In the evening cash shortage of Rs.10,000/- was detected in the cash withdrawn from the Chest Vault and when even after physical search and questioning of the staff, the whereabouts of the shortage could not be determined, CCTV footage was viewed in which it was seen that the petitioner was pocketing one section of Rs.100/- notes. A charge-sheet dated 4th December, 2009 was, accordingly, issued to the petitioner for misappropriation of cash on 5th May, 2009 while he

























































































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