Hon’ble P.K.S. Baghel, J.—This special appeal is directed against the order of the learned Single Judge dated 13.12.2011, whereby the writ petition of the appellant was dismissed. The learned Single Judge has upheld the dismissal order dated 24.11.2010 of the appellant and the order of the appellate authority dated 30/31.3.2011.

2. Learned counsel for the appellant has submitted that the appellant’s services were illegally terminated and the Appellate Authority without application of mind rejected the appeal of the appellant. His writ petition has also been dismissed without adverting to various issues raised by the learned counsel for the petitioner. He has urged that on the perusal of the impugned order of learned Single Judge it is evident that the Writ petition has been dismissed only in one paragraph of the order and the rest of the order is references of the various judgments.

3. He urged that imposing the major penalty of dismissal entails serious consequences resulting deprivation of one’s livelihood. Therefore, if the order is arbitrary and illegal, it violates fundamental right under Article 21 of the Constitution also.

4. In view of the aforesaid submissions, there were two options before us. Firstly, to ask the learned counsel for the appellant to move a recall application before the learned Single Judge as he has submitted that his submissions were not considered by the learned Single Judge, secondly to give him opportunity to address us on all the points. We opted the second option.

5. The facts leading up to the present appeal are briefly as follows:

The appellant was initially appointed in the year 1999 as driver/peon in the Union Bank of India at Tara Mandal Branch, Gorakhpur. He was deputed the work to lay the drinking water to the official as well as to lay the register and files before the officials on demand.

On 26.10.2009 one Smt. Radhika Tripathi opened a SB A/c No. 1972 in the said branch. On the next day viz. 27.10.2009, she again came to the Branch and submitted an application for cheque book and ATM card. The Bank issued her ATM card. It is stated that while leaving the branch she inadvertently left the envelope containing ATM card on the table of the appellant. After few months, on 8.2.2010, her husband visited the branch and found that there were fraudulent withdrawals from her account through ATM card. The matter was immediately reported to Branch Manager. An FIR was also lodged. The details of the withdrawals are mentioned here under:

Date of Withdrawal Amount

26/12/2009 Rs. 20,000/-

01/01/.2010 Rs. 20,000/-

13/01/2010 Rs. 20,000/-

14/01/2010 Rs. 10,000/-

20/01/2010 Rs. 20,000/-

30/01/2010 Rs. 8,000/-

6. On receiving the said complaint, the footage of CC T.V. installed at the main door of the branch was scrutinized. The scrutiny of the footage of the CC T.V. revealed the suspicious activity of the appellant in connection with the fraudulent ATM withdrawals.

7. The Branch Manager reported the matter to the superior authorities. The Chief Manager (P) disciplinary authority FGMO, Lucknow by his order dated 30.3.2010 appointed one M.G. Hunure, Senior Manager (P), RO, Kanpur to make the enquiry against the appellant.

8. A charge-sheet dated 30.3.2010 was issued to the appellant containing two charges. First charge was in respect of the fraudulent withdrawal of Rs. 98,000/- by misusing the ATM card issued to Smt. Radhika Tripathi and it was alleged that during interrogation he admitted having withdrawn Rs. 98,000/- from the SB A/c of Smt. Tripathi on different dates by misusing her ATM card. Further he has reimbursed/deposited the entire amount so withdrawn by him. The second charge was with respect of breach of rules of business of the Bank and instruction for running of any department. A copy of the charge-sheet is on the record as Annexure-4 to the writ petition. The Bank permitted the appellant to appoint any officer to defend his case by letter dated 25.7.2010. One Sri P.C. Pandey, J